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Two Lessons From A Chemical Exposure Case That Could Save Your Life One of our cases of chemical exposure, known as the Morris case, went before the Wyoming Supreme Court. Portions of the court's findings are set forth below in quotes. When the Wyoming Supreme Court decides a case, it publishes a report of its findings. You can read the report in Volume 837 of the Pacific Reporter starting on page 679. If you want a copy, let us know by e-mail (lawyers@fitzgeraldlaw.com ), letter or telephone (toll free 1-877-634-1001). Mrs. Morris worked in a laundry. A chemical, perchloroethylene, used in the laundry process damaged her. We brought suit for Mrs. Morris and her children against her supervisors and against the perc manufacturer and distributors. The manufacturer and distributors settled the claim and got out of the case. The family's claims against the supervisors went to final decision before the Wyoming Supreme Court. The court dismissed one supervisor from the case but allowed the lawsuit to proceed against the other. The Wyoming Supreme Court found that "Perc [Perchloroethylene] is the principal solvent of the dry cleaning industry." The court found that "hazards may exist from inhalation of perc, including unconsciousness or death." The Court also found that Mrs. Morris "reported that inhalation of the perc fumes affected her nose, throat and chest, burning and choking her, making her dizzy and causing her to cough." The court found that "exposure to perc occurred often in the Laundry. There were times when the dry cleaning equipment broke, spilling perc across the floor. The laundry smelled of perc. Headaches were common among the laundry employees, and Morris also experienced sore throats and burning eyes." After a particularly significant exposure, she "experienced difficulty breathing and, two days later, was admitted to the hospital for several days and treated with inhalers and steroids. Her breathing difficulties continued, requiring hospitalization again." Her diagnosis was "obstructive airway disease. Morris has difficulty breathing in cold or windy weather; on the advice
of her physician, she moved to a lower altitude and warmer climate.
Her condition is not expected to significantly improve, and she will be
limited to the minimal activities of everyday living." In other words,
the Court found that Mrs. Morris was disabled from gainful employment.
Two Lessons from the Morris case that could save you or a loved one from injury: 1. If you are exposed to chemicals in your workplace or anywhere else, find out what the hazards are. Ask to see the Material Safety Data Sheet that must accompany hazardous chemicals under federal law. Read it carefully and ask questions about it. Remember, it is your health -- the MSDS forms are available to inform you. 2. Make sure your training is thorough and effective. The Morris
case was partly about whether she was adequately trained to work with a
hazardous chemical. She was not well-trained.
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