Facts

Alstom Power, a leading energy infrastructure company, was the general contractor on a power plant project known as the La Paloma Generating Project located near McKittrick, approximately 40 miles west of Bakersfield. Thomas Brown and Jacob Wilson, two workers who were working on the project, alleged they contracted Valley Fever. Valley Fever is caused by a naturally occurring fungus that lives in soil. Its spores become wind-borne and are inhaled into the lungs. It is highly endemic in Kern County.

Approximately two to four percent of the population there becomes infected each year. At the project site however, there have been six to eight cases among 2,136 workers. Brown and Wilson, both of whom were non-residents of Kern County, filed a lawsuit against Alstom, claiming they suffered personal injuries as a result of the exposure.

PLAINTIFF'S CONTENTIONS:
The plaintiffs claimed that the defendant failed to warn them of the dangers of Valley Fever and intentionally concealed the risks of Valley Fever to prevent construction delays.

DEFENDANT'S CONTENTIONS:
The defense denied liability. The defense also pointed out that there had been no reported national cases of injuries resulting from exposure to Valley Fever that had reached trial and verdict.

Damages

The plaintiffs sought in excess of $6 million in damages.

Result

Defense verdict. The evidence was not sufficient to prove the plaintiffs contracted Valley Fever at the project site. The number of cases at the site was below the expected incidence rate for the disease in the general population of Kern County.

Other Information

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Deliberation

two hours

Length

five weeks