A jury in Alabama has found Golden Peanut Co. liable for an accident causing an employee welder to inhale peanut dust, resulting in a pneumonia infection and subsequent lung transplant. Smith v. Golden Peanut Co., No. 14-0999 (M.D. Ala., jury verdict filed January 15, 2015). The welder was apparently inside a grain elevator when a truck began dumping peanuts into the shaft, causing the peanut dust to become “so thick in the work area of the elevator pit shaft that [the welder] could not see his hand in front of his face.” He was then diagnosed with pneumonia, required the use of an oxygen tank and became unable to work. In its verdict, the jury concluded the welder could recover $718,113.25 for his negligence claim. See Law360, January 15, 2016.

 

Issue 591

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Close