Case Evaluation

Toxic Torts Verdicts: Cooper v. O'Brien Corp.

Cooper v. O'Brien Corp.

Date: November 1990

RESULT: $2,070,000 settlement, $1,348,840 of which went to Mr. Cooper.

STATE: California

SUMMARY: From 1975 to 1986, workers at a plant were exposed to Tri-mellitic Anhydrine (TMA), which was a component of powder used to coat the interior of metal drums.

Plaintiffs worked in the production plant of Myers Container Corp. Myers used a powder coating to coat the inside of 55 gallon steel drums. These drums were used in the food industry, primarily as containers for tomato paste and tomato products, which presented special packaging problems because of acid content. The powder coating was sprayed onto the metal drums, which were baked at a high temperature, making a porcelain-like surface. (It was agreed that once the powder coating was applied to the drums, it posed no health risk to consumers).

The powder was manufactured by Fuller-O'Brien Corp. under the trade name Pureliner White. The powder coating was used by Myers from 1974 to 1986.

Pureliner White contained TMA, which, plaintiffs alleged, was a known nasal and pulmonary irritant. It was alleged that by the early 1980's O'Brien Corp. knew of the health risks of TMA and made extensive efforts to reformulate the powder coating by eliminating TMA. It was alleged that O'Brien failed to inform Myers of the danger of TMA.

O'Brien Corp. contended that Myers was negligent in failing to provide its workers with proper instructions and safety equipment, including masks and breathing apparatus.

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