Occupational lead paint exposure case transferred to federal court

By Michelle Massey, East Texas Bureau | Mar 29, 2010

SHERMAN- For six years, a Sulphur Springs resident worked in a small paint room spraying lead-based paint onto cabinets. More than 10 years later, the worker received a diagnosis of toxic encephalopathy, a degenerative neurological disorder caused by exposure to chemicals or toxins.

Believing he was over-exposed to lead paint, Michael Garrison filed suit against The Sherwin-Williams Co., Jon Beggs and Hal Shackelford on Nov. 2, 2009, in Hopkins County.

The defendants removed the case to the federal court in the Eastern District of Texas, Sherman division after dismissal of the defendants HNI Corp., James Bult, Michael Ponder, Jerry Sands and Steve Turner.

The plaintiff worked as a painter from 1990 through 1996. He states throughout his entire employment he used an electrostatic paint gun with lead-based paint. He also states he was not warned of the dangers of working with defective products or of the need to wear proper respiratory protection.

Causes of action filed against the defendants include product liability, breach of express and implied warranties, negligence and gross negligence, and premises liability.

The plaintiff is seeking damages for physical pain, mental anguish, loss of earning capacity, physical impairment, medical care expenses, exemplary damages, interest, and court costs.

Daingerfield attorneys Keith L. Langston and John C. Hull of Nix, Patterson & Roach L.L.P and Sulphur Springs attorney John C. Ginn of Smith McDowell Ginn are representing the plaintiff.

U.S. District Judge Michael H. Schneider is assigned to the litigation.

Case No 4:10cv00128

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