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Dismissal, jury verdict for Alcoa in cancer suit stand on appeal

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A couple who sued an aluminum manufacturer and claimed their exposure to toxic chemicals led to the husband’s rare form of liver cancer lost their appeal Tuesday.

The Indiana Court of Appeals affirmed a dismissal of a workplace exposure claim and a Warrick Circuit Court jury’s verdict in favor of Alcoa in Billy L. Musgrave, Jr. and Kim A. Musgrave v. The Aluminum Company of America, Inc., and Alcoa Fuels, Inc., 87A04-1205-CT-276.

Bil Musgrave had worked in the Squaw Creek surface coal mine in Boonville during a period in the 1960s and 1970s when Alcoa dumped industrial waste from a nearby smelting plant on the Ohio River. The Musgraves sued in 2006, several years after Bil was diagnosed with cholangiocarcinoma, a rare form of cancer affecting the bile ducts and liver. He ultimately received a liver transplant at the Mayo Clinic.

Judge Edward Najam wrote for the court in a 26-page ruling that Alcoa was immune from the work-related claims under the Workers’ Compensation act, and therefore dismissal was proper pursuant to Indiana Trial Rule 12(B)(1).

“The trial court also properly instructed the jury on the statute of limitations, and the Musgraves did not preserve their argument that the jury instruction was not supported by the evidence for appellate review. Accordingly, we affirm the trial court’s judgment and the jury’s verdict for Alcoa,” Najam wrote.


 

 
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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