$46.7 Million Verdict for Toxic Exposure
- Date: Spring 2005
- Attorney: Mitchell J. Makowicz, Jr.
- Settlement: $46.7 Million
- Practice Areas: Premises Liability, Toxic Exposure, Chemical Exposure, Unsafe Workplace
The plaintiff, a 48-year-old mechanic, was exposed to chemicals on a forklift while working at the premises of the defendant Troy Chemical Corporation. The defendant did not warn of the dangers of exposure to such chemicals, and did not have a policy at the time of cleaning all forklifts before they left the plant. Within a short time of the exposure, the plaintiff developed gastrointestinal and heart problems, peripheral neuropathy into the hands and feet, serious rashes, concentration and memory deficits, and weakness and fatigue. He became unable to work and was declared permanently disabled by Social Security. He treated with company doctors in New Jersey, until his financial situation forced him to move his family in with relatives in Milwaukee, Wisconsin. While there, he treated with an occupational medicine specialist, who diagnosed the condition and its cause. The case was tried to a jury in Middlesex County, and the eight-person panel unanimously found that Troy was negligent in allowing the plaintiff to be exposed without warning, found that the exposure was the cause of plaintiff’s injuries, and awarded $20,000 for medical expenses, $260,000 for past wage loss, $1.36M for future wage loss and $45M for pain and suffering, disability, impairment and loss of enjoyment of life. Blume Goldfaden attorney, Mitchell Makowicz, tried the case on behalf of the plaintiff.