 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
3M Co. v. Johnson1/20/2005
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: REVERSED AND RENDERED - 01/20/2005
. This asbestos-related case was filed on April 28, 2000, in the Circuit Court of Holmes County by over 150 plaintiffs, including James Curry, Bobby Joe Lawrence, Phillip Pate and Simeon Johnson ("Plaintiffs") against approximately 62 defendants, one of which was Minnesota Mining and Manufacturing Company ("3M"), a manufacturer of protective masks. On September 28, 2000, Judge Jannie M. Lewis entered a Case Management Order which provided that the plaintiffs' counsel were to designate ten plaintiffs among their initial group to be tried jointly against all defendants against whom those plaintiffs in the trial group alleged claims. The defendants moved for a separate trial for each plaintiff, arguing that a joint trial of unrelated claims would be unduly prejudicial; however, the trial court denied the motion. Trial commenced on October 1, 2001, and after three weeks of testimony, the jury returned six separate verdicts based on special interrogatories in favor of each plaintiff for $25 million in compensatory damages. The jury denied the plaintiffs' claims for punitive damages. The trial court denied 3M's post-trial motions including a motion for a judgment notwithstanding the verdict. Therefore, 3M obtained entry of a Miss. R. Civ. P. 54(b) judgment and timely filed this appeal.
FACTS AND THE PROCEEDINGS IN THE TRIAL COURT
3M Products:
. The 3M products at issue in the case sub judice are the 8500 dust mask and the 8710 disposable respirator. Neither product contains asbestos; however, only the 8710 mask was designed to reduce exposure to respirable fibers, including asbestos. The 8500 mask, first manufactured in 1962, was designed to keep nontoxic nuisance dusts out of the wearer's nose and mouth. 3M claims that it never represented the 8500 mask as suitable for protection from asbestos. 3M's packaging for the 8500 mask stated that the mask was suitable only for non-toxic substances. For toxic dusts and vapors, the packaging directed the user to "use NIOSH/USBM approved masks." However, in 1978, 3M added warnings to the box containing the 8500 mask, cautioning the user not to use the mask around asbestos. 3M later placed this warning on the mask itself.
. In 1972, 3M introduced the 8710 disposable respirator for protection against pneumoconiosis-producing and fibrosis-producing dusts, including asbestos. The United States Occupational Safety and Health Administration ("OSHA") approved the 8710 respirator for use in environments where exposures to certain substances, including asbestos, did not exceed ten times the permissible exposure limit ("PEL"). Federal regulations required that 3M submit the 8710's packaging, including the instructions and other data, to NIOSH for approval. In 1986, 3M voluntarily withdrew the 8710 respirator for use with asbestos after OSHA reduced the PEL for asbestos from 2 fibers/cc of air to.2 fibers/cc.
The Plaintiffs:
. James Curry, 65 at the time of trial, had worked for various railroad companies for approximately 31 years, beginning in 1957 and ending in 1989. Curry testified that he worked as a laborer, a car helper and a car man, all without wearing a mask or a respirator. For five years, Curry did drywall repair also without respiratory protection. In the late 1960s, Curry began working as a welder. While welding, he wore a mask to protect against welding fumes. Curry testified that he was instructed to wear a mask by his foreman. He also testified that he did not wear any type of mask between the years of 1982 until 1989.
. Curry was examined, at the request of
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Mississippi Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|