Jury awards mechanic $46.7M for a life ruined by pesticide

[Guest guest]

This was sent to me by a former member of the group

and asked to post it. She left because of the

abundance of

posts from the groups she is in.

We often see juries award a person for injury. But

does the person receive it and when? I personally know

of 3 people whom have been award monies for damages

and has been 5 years and they have yet to receive a

cent.

Thanks

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Subject: [FWD] Jury awards mechanic $46.7M for a life

ruined

[FWD from Chemical-Illnet]

http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-0/1118465629270920.xml\

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Jury awards mechanic $46.7M for a life ruined

Saturday, June 11, 2005

BY JIM O'NEILL

Star-Ledger Staff

When Karl Webb started washing the brown or gray gunk

off of a forklift so he could repair it, he never

thought he was exposing himself to a highly dangerous

pesticide, his lawyer said yesterday.

After spending two hours cleaning the machinery, Webb

became ill, developed a rash and a burning sensation

in his hands and feet. Eventually, his exposure led to

permanent neurological problems, leaving him with

nerve damage to his stomach, heart and brain. In

addition, he lost his sense of touch and suffers from

stomach pain and an inability to concentrate, said his

lawyer, Makowicz Jr. of Chatham.

A jury in Middlesex County agreed a Newark company

that made the chemical failed to warn Webb of the

dangers of exposure, and on Thursday, awarded him

$46.7 million, one of the largest jury awards ever in

the county.

Since being injured in March 2000, Webb, now 53, has

been unable to return to work and continues to suffer

a range of symptoms, Makowicz said. Webb, a widower

and father of five, " is permanently disabled. ... He's

pretty much not improved at all " since becoming ill,

the attorney said.

The eight-member jury, sitting in New Brunswick,

deliberated about 90 minutes before deciding Troy

Chemical Corp., of Newark, was negligent. The panel

voted 8-0 to compensate Webb for lost wages, medical

expenses and pain and suffering, according to court

records.

It was not clear yesterday if Webb, a former Point

Pleasant resident now living in West Virginia, will

collect the award.

Sawicki, a Secaucus attorney representing the

chemical company, did not return a phone call seeking

comment on whether he will appeal, or seek to

negotiate an out-of-court settlement for a lesser

amount.

During a four-day trial before Superior Court Judge

Happas, the plaintiff's attorney argued that

Troy Chemical should have been aware of the dangers of

exposure, and should have either warned Webb or

cleaned the faulty forklift before sending it for

repair to Mid-Hudson Forklift Corp. of Edison, where

Webb worked as a mechanic. The forklift rental company

was not named a defendant.

After cleaning the equipment, Webb, who had not been

advised to wear protective gear, became ill and began

seeking medical treatment, his lawyer said.

Unable to work, Webb eventually moved to live with

relatives in Milwaukee, Wis., where physicians

diagnosed his condition as chemical poisoning due to

exposure to Polyphase P-100, a pesticide, Makowicz

said.

The defense argued " this was a very innocuous chemical

that carries no danger to anyone and that it could not

have caused all these injuries, " Makowicz said.

Makowicz presented a physician who linked Webb's

symptoms to those attributed to a line of chemicals in

the same category of pesticides as Polyphase P-100.

Jim O'Neill covers the Middlesex County Courthouse. He

may be reached at joneill@... or (732)

249-5670.

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