Poole et al. v. Twin Hill Acquisition Co

CASE NAME: Poole et al. v. Twin Hill Acquisition Co.

TYPE OF CASE: Product liability; negligence

COURT: Alameda County Superior Court

JUDGE(S): Judge Evelio Grillo

PLAINTIFF LAWYERS: Balaban & Spielberger LLP, Daniel K. Balaban, Andrew J. Spielberger, Vanessa Loftus-Brewer; Kabateck LLP, Anastasia Mazzella, Brian S. Kabateck'

DEFENSE LAWYERS: Lewis Brisbois Bisgaard & Smith LLP, Dana A. Fox, Robert V. Good Jr.

American Airlines flight attendants were thrilled in the fall of 2016 when they all received new, stylish uniforms to replace the ones they'd been wearing for years.

Soon, however, roughly 10% of them began to develop unexpected health problems, including rashes, respiratory problems, headaches and throat irritations. For a small percentage, those problems became permanent.

ANDREW J. SPIELBERGER

Although American eventually said that the affected personnel could switch back to other uniforms, flight attendants who'd become sensitized or allergic continued to have reactions when they worked alongside the many others who stuck with the new uniforms, according to Daniel K. Balaban of Balanban & Spielberger LLP.

When some of them came to his law firm for help, he commissioned experts in fabrics, epidemiology and toxicology to test the uniforms. "Upon further investigation, it turns out that there were unsafe levels of formaldehyde in the uniforms," Balaban said.

Eventually, he and his team came to represent about 425 American Airlines flight attendants, for whom they filed about a half-dozen lawsuits against the manufacturer. Last fall, they took four bellwether cases to trial, two of them selected by the defense and two by his team. Poole v. Twin Hill Acquisition Co. Inc., RG17876798 (Ala. Super. Ct., filed Sept. 27, 2017).

BRIAN S. KABATECK

The five-week trial focused on the scientific evidence, common sense and "thousands of people all of a sudden having similar problems," he said. At the end of October, the jury awarded the four plaintiffs a cumulative total of $1,070,000.

One important issue the plaintiffs highlighted for the jury was that the manufacturer outsourced production of the uniforms "with little or no supervision," Balaban said. The verdict demonstrates that manufacturers need to have "boots on the ground" when they send production overseas, he said.

"Our clients feel vindicated from what they knew in their hearts from day one that their toxic uniforms made them sick and are so happy that the jury agreed," said Andrew Spielberger, Balaban's partner.

The lead defense counsel for Twin Hill, Dana Fox of Lewis Brisbois, pointed out that the jury rejected two of the three causes of action the plaintiffs presented. And it voted unanimously against awarding punitive damages.

The awards by now have been paid to all four bellwether plaintiffs and won't be appealed, according to Balaban. Next may come more bellwether trials.

ANASTASIA MAZZELLA

"We're always open to reason, but when there's a lack of reason, we're ready, willing and able to try these cases in bunches for as long as it takes to get each and every one of these flight attendants what they deserve," he said.

-- Don DeBenedictis