In California, a Court of Appeals judge recently overturned a $2.3 million dollar verdict against food giant DOLE in a toxic tort lawsuit filed by six Nicaraguan men.
In her ruling, Judge Victoria G. Chaney found that fraud was allegedly perpetuated by American and Nicaraguan attorneys and had tainted the trial. It was based on 27 secret witnesses who claimed that the cases are an elaborate international scheme and that the attorneys recruited fake banana workers and manipulated medical test results to defraud the court and the company.
However, the attorney who represented the Nicaraguan men alleged that the witnesses presented by the defendant received cash payment and lavish treatment in return for testifying about the plaintiffs’ alleged fraud.
The cases which were dismissed are one of the many which claimed that DOLE’s continued use of the pesticide chemical dibromochloropropane, or DBCP caused sterility and other medical conditions. The case and verdict of Tellez vs. Dole Food Co, the first case tried in the US over the alleged toxic chemical injuries is also being appealed by DOLE.
Toxic tort cases are perhaps one of the most difficult personal injury lawsuits to litigate. Proving the connection between the exposure to a toxic chemical and a resulting injury or disease is as costly as it is challenging.
For one, the effects of the exposure to the toxic chemical can be varied and sometimes, it would take years before a worker exposed to DBCP or asbestos will find out that his health was adversely affected (sterility) or that he has mesothelioma. Further, it is very expensive to litigate toxic torts claims as not only is one oftentimes going against a huge company, you would also need to provide expert testimony from medical and scientific experts in your evidence.
However, despite the costs and challenges, one shouldn’t hesitate to pursue his toxic tort complaint. It is the duty of your company to keep its employees/workers from unsafe conditions and dangerous substances at work. Likewise, if the toxic tort is due to a harmful chemical substance in a product and the consumer was injured by it, the manufacturer shall be held liable for it.
A very important consideration you should be mindful of when pursuing a toxic tort claim is choosing the right lawyer for you. Choose a personal injury who is knowledgeable and well-versed in toxic torts cases as building a winning case would usually hinge on the legal counsel you would choose to represent you.
The Santa Monica Chamber of Commerce has welcomed the Mesriani Law Group in its roster of advocates. With the intention of further expanding its role in the community, the law firm has decided to become an official member of the Chamber mid-January this year.
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