Does v. XYZ Corporation
$3.1 million settlement
Plaintiff’s co-counsel: Ray W. Kahler, Keith L. Kessler
Two employees of an independent contractor were making repairs atop two sulfuric acid holding tanks. The facility owner failed to delay repairs until the potential for sulfur dioxide release had passed. Workers weren’t told that a chemical release was likely, nor were they told of the health hazards of a discharge. Protective equipment was issued to the workers, but without fit testing or training. Sulfur dioxide was released while the workers were atop the tanks. Overcome by the chemical, the workers made their way to the ladder with their eyes burning. They vomited while descending and tried to run to safety. Both workers were diagnosed with reactive airway dysfunction syndrome. Both are retraining for new careers.