Contractor Defeats Multi-Million Dollar Silicosis Lawsuit

From Our Perspective: Contractor Defeats Multi-Million Dollar Silicosis Lawsuit

Robinson & Henry’s knowledgeable attorneys give their professional insight in “From Our Perspective” where we take a closer look at successful outcomes achieved by our attorneys. We’ll also share our legal expertise on other cases and legal issues in Colorado.

In this episode, Civil Litigation Partner Bruce Rands discusses a recent case that highlights the growing risks contractors face. Rands successfully defended a contractor against a $14 million lawsuit. The case revolved around allegations that the contractor’s installation of a bathroom vanity caused serious health problems for the homeowner.

Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Facts are those of an actual Robinson & Henry litigation case.

A Small Business is Sued

Our client is a small business owner who fabricates and installs custom countertops. He was initially shocked when the homeowner filed a lawsuit claiming to have developed silicosis, a lung disease caused by inhaling fine silica particles, due to the installation. Silicosis, typically affecting those in industries like construction, became the central issue in this high-stakes legal battle.

The lawsuit stemmed from a project worth less than $1,000, yet the potential damages would have devastated the client’s business.

The Defense Strategy Wins Over the Jury

Rands and his team centered the defense on expert testimony to demonstrate that the plaintiff did not suffer from silicosis and that the installation could not have caused such a condition.

After hours of deliberation, the jury found in favor of the contractor. It’s a decision that Rands believes hinged on the credibility of the witnesses and the strength of the medical evidence presented.

Key Advice for Contractors

This case highlights how important it is for contractors to protect themselves. Keeping detailed records and following industry standards can make all the difference. With silicosis litigation on the rise, business owners in the construction industry need to be vigilant to avoid becoming targets of unwarranted lawsuits.

Winning this case didn’t just save a business from financial disaster, it’s also a reminder of the legal risks that come with the territory in the construction industry.

Read this video’s full transcript:

Question: Bruce, thank you for joining me. Tell me more about our client and why he reached out to you.

Bruce: Our client owns a shop that fabricates and installs custom countertops. He’d actually installed my countertops when we remodeled our kitchen. And I told him if you ever needed help to contact me. He had this case filed against him, and so he gave me a call

Question: This case started with a claim of silicosis. What is silicosis? And how are people exposed to it?

Bruce: Silicosis is a pulmonary fibrosis. And silica makes up a large part of our Earth. And it’s contained in sand and quartz and other rocks. When it’s in a fine powder, it can get into the lungs and cause respiratory problems.

Question: When it comes to silicosis, how is that tied into the construction industry?

Bruce: Silicosis is typically found in people who work in stone so miners, stone cutters, and construction workers.

Question: Bruce, on this project, he was a subcontractor. What was the magnitude of the lawsuit he was facing?

Bruce: This was actually a really small project for our client. It was less than $1,000. He was simply installing a countertop. But then after the countertop was installed months later, suddenly this claim came up. Initially they were asking for $14 million from our client. At trial, we had whittled that down to three (million), but they were still asking for enough money that it would have devastated our client had he been found liable.

Question: For this case, how were you able to have two of the claims dismissed during the trial?

Bruce: After the plaintiff presented her case, I made a motion to the court for a directed verdict. That’s a motion that says even if the jury believes everything that the plaintiff has testified to, that she hasn’t presented enough evidence for her claims. The court agreed with our motion and dismissed two of her claims.

Question: In this case, what was your strategy to focus on the medical evidence and the plaintiff’s testimony? How important was that?

Bruce: In any case where physical injury is alleged, medical evidence is key. We presented medical evidence from our expert and allowed the jury to examine that and contrast that with the medical evidence they presented and what they observed and heard from the plaintiff.

Question: In this case, how did it become a battle of experts and a battle of credibility in the trial?

Bruce: Our defense was that this incident had never even happened. After the plaintiff had presented their evidence, we were able to present our expert who was able to testify that not only did the plaintiff not have silicosis or any of the other symptoms that she was alleging, but that the actions of our client could never produce the disease that she was alleging that she had.

Question: How long did the jury deliberate, and what do you think resonated with the jury the most in making their decision?

Bruce: They deliberated for a few hours, and I think the things that helped them come to the conclusion they did the most was the medical evidence that we presented.

We obtained an expert witness who had a great knowledge of pulmonary diseases and was able to explain things to the jury. Also, the credibility of the witnesses. Quite simply, they believed our client and didn’t believe the plaintiff.

Question: How significant was this victory for our client as a small business owner who started his business from the ground up?

Bruce: If he had lost his case, he would have lost everything. He would have lost this business that he had spent over a decade building. He would have lost his equipment, and he would have been crushed under millions of dollars of a judgment against him. With this case, with prevailing in this case, he’s able to go on and continue to serve clients and customers and be productive.

Question: This case really highlights the growing concern for silicosis litigation. How do you see this impacting the construction industry as a whole?

Bruce: Respiratory diseases are quite devastating, and so it is important that the construction industry maintain the standards laid out by OSHA, as well as best practices in their field.

However, because it’s in the news so much, several people are raising claims that may not be justified. It’s important that construction industry individuals protect themselves by documenting their work and complying with all of the relevant codes.

Question: What advice do you have for any other contractor who might find themselves in a similar situation and facing a lawsuit?

Bruce: First, they need to make good records of what they have. They can take photographs, make recordings, and keep good paperwork. Also, they need to seek help as soon as they hear of a claim. It could be a very small job, but the claim could be millions.