Thomas v. Lincoln Electric

VERDICT

Trial
01/14/09 – 02/11/09

Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2
Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2

Summary

Welder Butch Thomas allegedly suffered irreversible neurological damage (Parkinson's Disease or Parkinsonism) from Manganese poisoning, which would ultimately result in his death, as a result of toxic Manganese gas emitted by welding rods during the 1970's and 1980's. Thomas used welding rods provided by Lincoln Electric, Hobart, and ESAB.

According to the plaintiff, Lincoln Electric admitted that they had known about the dangers of Manganese gas since the 1940's, but attempted to minimize the risk, rather than effectively warn. A warning label added in 1967 did not include the word "Manganese" and was not placed where the worker was likely to see it. The plaintiff asserted that this was a conscious, intentional decision to deny the worker his right to know.

Documents showed that in 1981 the America Welding Society knew that Manganese fumes were dangerous to welders even at low levels, and that safety warnings requiring "adequate" ventilation were ambiguous and did not reach the welder. Labels mentioning the word "Manganese" did not appear until the late 1990's or after 2000.

The defense argued that the industry provided ample safety warnings and ensured that adequate information was disseminated in the community at all times. "No one hid one bit of information from anybody."

In addition, according to the defendant, Thomas was never exposed to Manganese at toxic levels, and a different warning label would not have convinced Thomas not to weld because Thomas chose not to read the labels that were there.

The jury found that the defendants failed to adequately warn of the dangers, but that the lack of an adequate warning was not a substantial cause of harm to the plaintiff.








Outcome

Lincoln Electric failed to adequately warn of dangers but did not cause substantial harm.

Sessions

AM Session
In Session - No Content Available
0 Chapters
PM Session
In Session - No Content Available
0 Chapters
JAN
15
JAN
20
AM Session
Not in Session
0 Chapters
PM Session
Not in Session
0 Chapters
JAN
30
AM Session
Not in Session
0 Chapters
PM Session
Closings
2 Chapters
FEB
10
PM Session
Verdict
1 Chapters
FEB
11

Suggest a Trial

Want to see a trial that you don't see in our list of upcoming trials?

Suggest a Case

CVN Essentials

The most important and informative moments of each trial

CVN Essentials

Video Library

Unlimited access to thousands of hours of past coverage of high stakes civil litigation

Video Library

  • Follow Us
  • Contact Us
  • 3901 Roswell Road
  • Suite 302
  • Marietta, GA 30062
  • 877-838-9067

Copyright 2019 Courtroom Connect.