Carbon monoxide trial ends with settlement

Sixteen present and former employees of Wal-Mart Distribution Center 6097 in London reached a settlement agreement this month following three weeks of often dramatic and detailed testimony regarding their alleged overexposure to carbon monoxide while on the job in 2005.

Fourteen of the sixteen plaintiffs in the case informed U.S. District Judge Amul R. Tharpar on Dec. 18 that they had reached a settlement with Unarco Materials Handling, Inc. – the primary defendant in the case. After another day of testimony, the final two plaintiffs reached agreements as well, effectively ending the trial.

Unarco was contracted by Wal-Mart to install a new rack system in the distribution center’s huge industrial freezers. The job began in late November 2005 and was complete Dec. 12. It was during this time that Wal-Mart workers, the plaintiffs in the case, claim they were exposed to dangerous amounts of carbon monoxide created by two large gas-powered generators used inside the building during the job.

Unarco subcontracted the job out to another company, Atlas Material Handling, Inc. that actually performed the labor. Before trial, Atlas settled out of court with some of the original plaintiffs and was terminated from the case. Unarco filed a counterclaim against the company, however.

Attorney’s for the alleged victims say their clients have suffered a plethora of physical and mental disorders related to the carbon monoxide exposure that has adversely affected their productivity, outlook and family life. At trial, medical experts testified that the plaintiffs all suffered from classic symptoms of carbon monoxide overexposure.

Unarco attorneys painted a different picture, however, attempting to undermine the case against their company by claiming Unarco was not responsible for on-site safety, that the claims of illness in the case by the supposed workers was bogus and did not follow scientific study of carbon monoxide exposure, and that doctors who examined the plaintiffs were too cozy with their attorney to give fair and accurate diagnoses. They also claimed Wal-Mart managers strong-armed employees into continuing work installing the racks, even after they complained about potential health risks.

Unarco’s lead attorney, Perry Bently, even argued the firm intended to provide evidence that plaintiff’s medical experts altered some records in the case before trial. He added that initial examinations on plaintiffs that sought out a physician showed no signs of carbon monoxide poisoning.

Jury noted, entered into the record in the case, show defense arguments may have been effective in casting doubt on some of the plaintiff’s claims.

The trial began in U.S. District Court in London Nov. 24. Tharpar has ordered a conference between all parties on Jan. 6, 2009 to hash out settlement terms.

Plaintiffs involved in the case are: William Asher, of Rockhold; Joshua Mills, of Flatlick; Randall Sizemore, of Oneida; Shade Deaton, of Lost Creek; Toney Dye, of Pineville; Sammy Faris, of Corbin; Chris Caudill, of London; Charles Sanborn II, of Barbourville; Stephen Taylor, of Corbin; Donald Greg Wells, of London; Joshua Stacy, of Corbin; Jason Engle, of Gray; Timothy Marcum, of Keavy; David House; of London; Denver Pennington, of London; David Pennington, of London and Jamie Rhodes.