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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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