Jury Is Deadlocked In Welder's Lawsuit

[Murray Charters <mcharters@xxxxxxxxxxxxxx>]

The Belleville News-Democrat, Il.
Posted on Sat, Jun. 28, 2003

Jury is deadlocked in welder's lawsuit
BY BRIAN BRUEGGEMANN
bbrueggemann@xxxxxxx

EDWARDSVILLE - Sued rod makers over link to illness With jurors unable to reach 
a verdict in their fourth day of
deliberation, a Madison County judge on Friday declared a mistrial in the case 
of a Collinsville man who claims he
developed Parkinson's disease at an early age because of welding rods.

Jurors began deliberating Tuesday. On Friday afternoon after more than 32 
hours, Associate Judge Ralph Mendelsohn
declared the mistrial when jurors sent out a note saying they were unable to 
reach a unanimous verdict.

"In discussions after the mistrial was declared, the jurors indicated that the 
vote was 8-4 in favor of the plaintiff
(Larry Elam), but that further deliberation would not have resulted in a 
unanimous verdict," according to a press
release issued by Elam's attorney Allen D. Vaughan. "...The jurors indicated 
that they had unanimously agreed on the
failure of the welding industry to investigate the adverse health effects of 
welding fumes."

Elam, 64, sometimes did welding and worked around welders while he was employed 
at Union Electric in Missouri. He sued
Lincoln Electric, Hobart Brothers and BOC Group, companies that provided 
welding rods for Union Electric.

Elam was forced to retire after he was diagnosed with Parkinson's in 1996 at 
age 58, according to Vaughan.

A study conducted by a doctor at Washington University in St. Louis has 
suggested a link between welding and early
onset of Parkinson's. Fumes from welding contain manganese, a neurotoxin.

Elam's wife is quoted in Vaughan's press release as stating: "At this point we 
are most upset with the fact that we
believe that this condition was preventable. We hope the attention that this 
case has gotten will push the welding
industry to take more precautionary measures to protect their welders." Her 
first name was not listed and she could not
be reached for comment.

Elam's attorney Bob Bosslet initially asked the jury to award Elam $1.6 million 
in compensatory damages and $4.8
million in punitive damages. On Thursday afternoon, Bosslet dropped the request 
for punitive damages.

The trial began June 2. The case can be tried again later.

A handful of similar cases have gone to trial across the country, but Bosslet 
said he's not aware of any in which the
plaintiff prevailed.

SOURCE: The  Belleville News-Democrat, Il


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