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Employment Law
Toxic Exposure
Failure to Disclose

Melvin Ewing v. Hewlett-Packard

Published: Sep. 3, 2005 | Result Date: May 27, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 103CV817770 –  $0

Judge

Leslie C. Nichols

Court

Santa Clara Superior


Attorneys

Plaintiff

Clayton Kent Kent


Defendant

Queena C. Ho

James R. Forbes


Facts

The plaintiff, Melvin Ewing, alleged that he developed multiple myeloma as a result of working with solvents while repairing Hewlett-Packard printers. He contended that Hewlett-Packard knew that working with these alleged toxic solvents was causing him injury and hid this information from him, in violation of Labor Code Section 3602(b)(2). The defendant denied that Ewing's cancer was caused by Ewing's employment at Hewlett-Packard or that Hewlett-Packard concealed his injury from him.

Injuries

The plaintiff claimed he developed multiple myeloma.

Result

The defendantÆs summary judgment motion was granted. The Court found that the plaintiff had proffered no admissible evidence showing that Hewlett-Packard knew of the plaintiff's injury, symptoms, or the alleged cause of those injuries. The Court also found that the plaintiff's expert declaration that Hewlett-Packard must have known that Ewing was being injured by his work with solvents was little more than speculation and unsupported conclusions.


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