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Case of the Month October 2019

Jury Awards $6M for Lead Poisoning Claims

Burton v. Armstrong

Case Type:
Products Liability - Paint
Products Liability - Lead


Specific Liability:
White lead carbonate was defective and unreasonably dangerous

General Injury:
Glenn Burton: Brain Damage, Lead Poisoning; Cesar Sifuentes: Brain Damage, Lead Poisoning; Ravon Owens: Brain Damage, Lead Poisoning

Jurisdiction:
State: Wisconsin
United States District Court, E.D. Wisconsin.

Related Court Documents:
Plaintiff's first amended complaint: 2010 WL 2417339
Verdict form: 2019 WL 2563317
Verdict form: 2019 WL 2563319
Verdict form 2019 WL 2563318

Case Name:
Burton v. Armstrong Containers, Inc.; E.I. DuPont Denemours & Company; Atlantic Richfield Company; Sherwin-Williams Company

Docket/File Number:
2:07CV00303

Result Amount:
$6,000,000


Result Date:
May 31, 2019

Judge:
Lynn Adelman

Attorneys:
Plaintiff: Edward A. Wallace, Wexler Wallace L.L.P., Chicago, IL
Plaintiff: Fidelma L. Fitzpatrick, Motley Rice L.L.C., Providence, RI
Plaintiff: Mark R. Miller, Wexler Wallace L.L.P., Chicago, IL
Plaintiff: Lauren C. Kaplan, Wexler Wallace L.L.P., Chicago, IL
Plaintiff: Umar Sattar, Wexler Wallace L.L.P., Chicago, IL
Plaintiff: Robert J McConnell, Motley Rice L.L.C., Providence, RI
Plaintiff: Sara O. Couch, Motley Rice L.L.C., Providence, RI
Plaintiff: Caroline Rion, Motley Rice L.L.C., Providence, RI
Plaintiff: Victor C. Harding, Warshafsky, Rotter, Tarnoff & Bloch S.C., Milwaukee, WI
Plaintiff: Peter Earle, Law Office of Peter Earle, Milwaukee, WI
Plaintiff: Neil T. Leifer, Neil T. Leifer Law L.L.C., Auburndale, MA
Defendant: David G. Peterson, Godfrey & Kahn S.C., Milwaukee, WI
Defendant: Jeffrey K. Spoerk, Quarles & Brady L.L.P., Milwaukee, WI
Defendant: Christopher G. Meadows, Quarles & Brady L.L.P., Milwaukee, WI
Defendant: Jennifer Flannery, Jones Day, Pittsburgh, PA
Defendant: Timothy A. Bascom, Bascom, Budish & Ceman S.C., Wauwatosa, WI
Defendant: Robert Alpert, Morris, Manning & Martin L.L.P., Atlanta, GA
Defendant: Jeffrey K. Douglass, Morris Manning & Martin LLP, Atlanta, GA
Defendant: Steven R. Williams, McGuireWoods L.L.P., Richmond, VA
Defendant: Joy C. Fuhr, McGuireWoods L.L.P., Richmond, VA
Defendant: Christian E. Henneke, McGuireWoods L.L.P., Richmond, VA
Defendant: Paul Benson, Michael Best & Friedrich L.L.P., Milwaukee, WI
Defendant: Nathaniel Cade, Michael Best & Friedrich L.L.P., Milwaukee, WI

Result Type:
Jury

Experts:
Plaintiff: Research Science: Swider, Joseph, Ph.D., McCrone Associates Inc., Westmont, IL
Defendant: Materials Science: Perricone, Matthew, Ph.D., RJ Lee Group, Monroeville, PA
Defendant: Statistical Analysis: Van Liere, Kent, Ph.D., NERA Economic Consulting, San Francisco, CA

Breakdown of Award:
Total: $6,000,000
Compensatory Pain & Suffering: Glenn Burton: $2,000,000
Total Compensatory Award: Glenn Burton: $2,000,000
Compensatory Pain & Suffering: Cesar Sifuentes: $2,000,000
Total Compensatory Award: Cesar Sifuentes: $2,000,000
Compensatory Pain & Suffering: Ravon Owens: $2,000,000
Total Compensatory Award: Ravon Owens: $2,000,000
Comparative Negligence Percentage: 0

Summary of Facts:
Glenn Burton Jr., age 18, Ravon Owens, age 28, and Cesar Sifuentes, age 20, toddlers at the time of exposure, reportedly developed lead poisoning, resulting in permanent injuries that included learning disabilities and significant neuropsychological deficits as a result of ingesting white lead carbonate. The plaintiffs each filed lawsuits against defendants Armstrong Containers, Inc., E.I. duPont Denemours & Company, Atlantic Richfield Company, and Sherwin-Williams Company as adults that contended that the defendants failed to disclose the hazardous nature of white lead carbonate pigments, failed to adequately test white lead carbonate for use on residential paints and coatings, and represented that they were safe. The plaintiffs contended that white lead carbonate was defective and unreasonably dangerous due to the hidden risk of exposure to children. The defendants denied the allegations. The case brought by Ravon Owens, filed under case number 2:07CV00441, and the case brought by Cesar Sifuentes, filed under case number 2:10CV00075, were consolidated with the case filed by Glenn Burton Jr. The cases were tried under Wisconsin's risk contribution doctrine. A jury determined the plaintiffs ingested white lead carbonate pigment and this caused an injury. The panel found that the defendants produced or marketed white lead carbonate that was ingested by the plaintiffs, only defendant Atlantic Richfield was not negligent in the producing or marketing of white lead carbonate, and only the white lead carbonate manufactured and sold by Atlantic Richfield was not defective and unreasonably dangerous due to inadequate warnings, and the defendants inadequate warnings were a cause of injury to the plaintiffs.

United States District Court, E.D. Wisconsin.

Westlaw Citation:
2019 WL 3774413


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