Here's a little real info on the ISP track record:
http://findarticles.com/p/articles/mi_qn4185/is_20070716/ai_n19369992/print A federal jury on Friday found for 3M Co. in a product-liability lawsuit filed
by a man who said the company is responsible for his lung diseases.
Dwight Parker worked for ISP Minerals in Annapolis, Mo., for close to 29 years.
The company manufactures granite granules for roofing shingles. In his job, he was
exposed to crystalline silica dust, a carcinogen that also causes silicosis.
Parker was diagnosed with silicosis in 2002 and lung cancer in 2006. Parker sued
3M in August 2005 alleging the company's defective product caused or contributed
to his silicosis, a respiratory disease that leads to inflammation and the scarring
of lung tissue. In October 2006, Parker amended his complaint to include his lung
cancer diagnosis. His wife, Arlene, filed a separate claim for loss of consortium.
U.S. Magistrate Judge Thomas C. Mummert presided over the eight-day trial.
The Parkers asked for $20 million when they filed their lawsuit. They were represented
by Jerome F. Raskas of the Clayton law firm of Goffstein, Raskas, Pomerantz, Kraus
& Sherman and by The Stolar Partnership's Kent Munson and Jay Levitch. Raskas
could not be reached for comment. Munson referred phone calls to Levitch, who declined
to comment.
3M was represented by Curtis R. Bailey of Kurowski, Bailey & Shultz in Swansea,
Ill. Bailey could not be reached for comment.
On Thursday, the company presented to Mummert a motion for judgment as a matter
of law, arguing, among other things, the plaintiffs failed to link Parker's
illnesses with 3M's products.
Instead, the company argued Parker and his employer were responsible for his illnesses.
Parker only wore the respirator when he saw silica dust even though silica doesn't
have to be visible to be dangerous, according to 3M's motion. In addition, the
company in its motion faulted the bad environment at Parker's job - where the
"dust was often so thick that Mr. Parker was unable to see 10 feet."
The company also argued that Parker relied on his employer to provide respiratory
protection and wore 3M's products because ISP gave them to him.
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