 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Adkins v. State of California11/26/1996
ALDRICH, J.
This case comes to us after the trial court granted a nonsuit in favor of defendant and respondent State of California (the State) at the Conclusion of plaintiffs' opening statement. The court entered judgment finding the State was immune from liability under the Emergency Services Act. The primary issue we address is whether the State is immune from liability under the Emergency Services Act for intentionally lying to persons about the health and safety of chemicals they handled during a state emergency to eradicate an infestation of pests. We conclude in such situations the State is not immune from intentional concealment of known dangers which cause personal injuries. We therefore reverse the judgment.
INTRODUCTION
This case arises out of the Mediterranean fruit fly (Medfly) eradication program of 1989. Plaintiffs and appellants (plaintiffs) were hired by the State to hang Medfly traps by the State. Plaintiffs became ill after handling the chemical used in the traps. Plaintiffs' supervisors knowingly lied to plaintiffs about the effect of the chemical, told plaintiffs the chemical was completely safe and refused to allow plaintiffs to wear protective clothing. As a result of exposure to the chemical, plaintiffs incurred physical injuries. The trial court granted the State's motion for nonsuit after plaintiffs' opening statement.
I.
FACTUAL AND PROCEDURAL BACKGROUND
A. Facts
In 1989 the Medfly struck Southern California, leading the Governor to declare a state of emergency aimed at stopping the infestation. ( Macias v. State of California (1995) 10 Cal. 4th 844, 848 [42 Cal. Rptr. 2d 592, 897 P.2d 530].) The Governor declared an emergency on August 9, 1989.
Plaintiffs Domingo Dominic Adkins, Dante Anthony Adkins, Dreco L. Adkins, Andre Jerome Adkins and Fernando Terence Snow, collectively referred to as plaintiffs, were hired as Medfly trappers by the California State Department of Food and Agriculture as part of the Medfly project. Plaintiffs worked at the Elysian Park facility. Neil Wright and Marcella Zita supervised plaintiffs.
In 1981 Wright was trained by the State to use the chemical Trimedlure. Wright had used Trimedlure for eight years. Wright had a bachelor's degree in entomology, the study of insects. Although plaintiffs were high school graduates, they did not have backgrounds in science or entomology. Plaintiffs looked up to and trusted Wright.
Plaintiffs primarily handled Jackson traps. These traps included a basket into which a plug of Trimedlure was placed. When placed into the basket, the plug was in solid form; when opened and exposed to the air, the plug crystallized. The plug was intended to lure Medflies into the trap.
Plaintiffs were first exposed to Trimedlure when employed as Medfly trappers. Plaintiffs baited the traps at the Elysian Park facility, loaded a large number of traps onto vehicles and then put the traps in trees. Since the traps were baited before being placed in the vehicles, plaintiffs breathed escaping fumes as they drove to the various locations.
Packets of Trimedlure have writing on the front and back which read: " 'The toxicological properties of this composition have not been studied. Use with appropriate caution. . . . Refer to the material safety sheets.' " Wright had material safety sheets; however, at no time did he or anyone else from the State provide them to plaintiffs.
Plaintiffs were not given any protective clothing. Plaintiffs asked if they could wear gloves. Wright told them gloves were not necessary and wearing protective clothing might alarm the public. Plaintif
Page 1 2 3 4 5 6 7 8 9 10 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|