 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hudjohn v. S&G Machinery Co.6/22/2005
Argued and submitted May 26, 2005.
Before Haselton, Presiding Judge, and Ortega, Judge, and Deits, Judge pro tempore.
Affirmed.
Plaintiff appeals from a judgment for defendants in this personal injury action, raising several assignments of error. Defendants counter with a battery of cross-assignments of error, including a contention that the trial court erred in denying defendants' motion for a directed verdict based on the legal insufficiency of plaintiff's proof of medical causation. As explained below, we agree with defendants that the trial court so erred. See Chouinard v. Health Ventures, 179 Or App 507, 512, 39 P3d 951 (2002). Accordingly, we affirm.
In reviewing the denial of a motion for directed verdict, we view the evidence, including reasonable attendant inferences, in the light most favorable to the nonmoving party, here, plaintiff. Mauri v. Smith, 324 Or 476, 479, 929 P2d 307 (1996); Joshi v. Providence Health System, 198 Or App 534, 536, 108 P3d 1195 (2005). To place the directed verdict motion in procedural context, we recount the background of this litigation and then, consistently with the standard of review, describe plaintiff's evidence pertaining to causation of injury .
In the summer of 2000, plaintiff was working for defendant S&G Machinery Co. (S&G) in La Grande. S&G is an authorized dealer of defendant Deere & Company (Deere). On or about July 26, 2000, plaintiff's supervisor told plaintiff to puncture and drain approximately 50 spent aerosol cans that had contained Deere products, including paints, cleaning agents, and lubricants. The supervisor directed plaintiff to puncture the cans, using a so-called "apparatus," draining the liquid into a bucket.
At least some of the products in the aerosol cans contained hazardous chemicals. For example, the label on Deere paint cans bore the following warning:
"VAPOR HARMFUL. MAY AFFECT THE BRAIN OR NERVOUS SYSTEM CAUSING DIZZINESS, HEADACHE OR NAUSEA. CAUSES EYE, SKIN, NOSE AND THROAT IRRITATION. To avoid breathing vapors or spray mist, open windows and doors or use other means to ensure fresh air entry during application and drying. If you experience eye watering, headaches or dizziness, increase fresh air or wear respiratory protection * * * or leave the area. Avoid contact with skin and eyes. Do not take internally.
"NOTICE: Reports have associated repeated and prolonged occupational overexposure to solvents with permanent brain and nervous system damage. Intentional misuse by deliberately concentrating and inhaling the contents may be harmful or fatal.
"KEEP OUT OF REACH OF CHILDREN. USE WITH ADEQUATE VENTILATION.
"FIRST AID: If you experience difficulty in breathing, leave the area to obtain fresh air. If continued difficulty is experienced, get medical assistance immediately. In case of eye contact, flush immediately with plenty of water for at least 15 minutes and get medical attention; for skin, wash thoroughly with soap and water. If swallowed, get medical attention immediately.
"WARNING! This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm."
The label also included a warning: "Do not puncture or incinerate (burn) container." Nevertheless, plaintiff's supervisor gave plaintiff no warnings and did not provide plaintiff with a respirator or protective clothing.
Plaintiff punctured and drained the cans for between 30 and 45 minutes, working roughly five feet away from a large, partially opened shop door. Immediately afterward, plaintiff told a co-worker that he felt "lightheaded
Page 1 2 3 4 5 6 7 Oregon Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|