Facts

Plaintiff David Powell was employed as an electrical subcontractor at a restricted groundwater remediation site in Merced. The site is owned by defendant Merck & Co. Inc. Plaintiff filed a lawsuit, claiming that while he was working at the site, he had direct contact with arsenic and other toxic heavy metals.

The site use to be a wood treatment plant which utilized chromated copper arsenate in its operations. The wood treatment caused groundwater contamination. Defendant attempted to clean the site and clear the groundwater. It entered into contracts with a number of companies to implement a filtration system. It was then that plaintiff was employed to conduct electrical work on the filtration system.

PLAINTIFFS' CONTENTIONS:
The main operation and maintenance contractor, defendant U.S. Filter, assigned plaintiff to work in direct contact with the heavy metals on a regular basis without providing for his safety. Further, plaintiff was not told about the levels of heavy metals because the companies did not want to handle his concerns. In 1996, an improper cleanup led to the distribution of toxins in the air. Despite these hazardous conditions, plaintiff opined that he was never told to wear any protective gear.

DEFENDANTS' CONTENTIONS:
The site where plaintiff worked complied with all applicable government regulations and industry standards. Further, the hazards and precautionary measures were discussed with all the workers, including plaintiff. Plaintiff was always advised to wear protective gear, such as gloves. Moreover, plaintiff was taught to use respirators and other safety devices. According to defendants, plaintiff actually utilized the safety equipment.

Specials in Evidence

Plaintiff's past and future medical costs totaled $1,200,000.

Damages

Plaintiff claimed an unspecified sum to cover pain and suffering. His spouse, plaintiff Shirley, sought damages for loss of consortium.

Injuries

According to plaintiff, the high level of chromium and copper resulted in part, in transient ischemic attacks, abdominal discomfort, weakness, lowered cognitive abilities and exhaustion. These symptoms caused plaintiff to be completely and permanently disabled. According to plaintiff's medical expert, these symptoms were connected to the high level of hexavalent chromium and copper in his bloodstream. Further, the chemicals had reduced the vitamin levels in his body, which led to the strokes he suffered. Defendants challenged the cause and extent of plaintiff's injuries, as the amount of chromium in his body could not be connected to his exposure to the chemical at the site. Because plaintiff was a heavy smoker, the amount of chromium in his body could have resulted from smoking. According to defendants, plaintiff's physician even acknowledged that there was no connection between strokes and chromium in the body. Rather, plaintiff's unhealthy lifestyle could have contributed to his medical issues. Moreover, plaintiff underwent three blood sample tests, only one of which revealed a heightened level of chromium in the bloodstream.

Result

Defendants were not found liable for plaintiff's medical conditions.

Deliberation

two hours

Poll

12-0

Length

13 days