James Junker v. Safety-Kleen
California Court of Appeal affirms attorney's fees awarded for unsealing Safety-Kleen file
It is a sad fact that some manufacturers of defective products are more concerned about corporate profits than the health and safety of consumers. For example, Ford Motor Company once manufactured a car called the "Pinto" whose gas tank was located at the rear of the car so it would explode when rear-ended at low speed. Ford was aware of the defect, but decided not to fix the defect, because Ford could save about $75 in costs per car by omitting or delaying the fix.
When a manufacturer's defective product causes injury, the manufacturer is usually willing to settle cases brought by victims -- provided that the victims and their attorneys agree to secrecy. Secrecy prevents the hazard from becoming known, so that other victims do not sue the company, or if they do, evidence damaging to the manufacturer is concealed from them. Manufacturers often demand that as part of the settlement, the judge to whom the case is assigned seal the court file, so that the product defect and evidence are concealed from the public.
In the 1980s, James Junker used a Safety-Kleen parts washer machine and was exposed to Safety-Kleen 105 Solvent in the machine. Unbeknownst to Mr. Junker, the solvent contained benzene, which causes leukemia. When Mr. Junker developed leukemia, he sued Safety-Kleen for causing his cancer. Although Safety-Kleen denied there was benzene in its solvent, its own laboratory data showed that the product contained benzene. Safety-Kleen settled the case by paying more than $2.5 million to the Junkers. As a condition of the settlement, the Junkers and their attorney had to agree to maintain the settlement in confidence and had to agree to seal the court case file. The money was paid to the Junkers and the court file was sealed, concealing the evidence developed in the case from the public. In this manner, Safety-Kleen was able to continue making substantial profits from its parts washer machine and its toxic solvent business.
The Toxic Injuries Corporation is a California public benefit corporation dedicated to the identification and prevention of toxic injuries. The Toxic Injuries Corporation suspected that the court file in Junker case had much evidence regarding the toxic hazards of Safety-Kleen solvent. Represented by the Law Offices of Raphael Metzger, the Toxic Injuries Corporation, filed a motion as a "private attorney general" to unseal the Junker file in the public interest. Safety-Kleen opposed unsealing of the file, arguing that it had paid a substantial sum of money to keep the file sealed. A new judge found that the order sealing the file was contrary to the public interest, and granted the motion to unseal the file. The evidence in the file included laboratory data, documents, deposition excerpts, and medical reports stating that Mr. Junker's leukemia was caused by benzene in the solvent. Based on this evidence, the new judge awarded the Law Offices of Raphael Metzger attorneys' fees for unsealing the file in the public interest.
Safety-Kleen appealed the attorney's fee award, but on February 18, 1999, the California Court of Appeal dismissed the appeal, affirming the award of attorney's fees in the public interest. The moral of this story: Manufacturers of defective products that cause injuries should not expect courts to help them conceal the defects and hazards of their products from consumers.
Our Lawyers Can Help!
If you have questions about benzene poisoning or blood disorder symptoms and are concerned about possible occupational diseases and cancers, we are here to help. Toxic tort and injury laws are complex and confusing. The Metzger Law Group is here to help you. Call us today for a FREE evaluation to find out if you have a case or fill out our free evaluation forms to consult with a member of our caring staff.
|
Free Case Review
