|
Welder’s suit ends in mistrial
Published February 15, 2005
ANGLETON — A Santa Fe man who says he developed a Parkinson’s-like nerve disorder from exposure to welding rods will have to wait for a final disposition of his case.
Ronald Presler was seeking unspecified damages in the case, which was the first of its kind to be tried in Texas.
A Brazoria County jury deadlocked 8 to 4 for the plaintiff Thursday, after deliberating since Feb. 7. District Judge Ben Hardin declared a mistrial in the case, which Presler’s attorney vowed to retry.
Civil cases require 10 jurors to agree on a verdict.
“The jurors agreed two to one in favor of the victim,” said Grant Kaiser, the Houston attorney representing Presler, in a news release. “This is a strong indication of the strength of Mr. Presler’s case, which we are confident he will win on retrial.”
Presler’s attorneys contend he developed the nerve tremors because of exposure to magnesium fumes from the welding rods he used during the 26 years he worked for G.A. Mosites in Alvin, which has since declared bankruptcy.
John Bissell, the lead attorney for the defendants, who include Lincoln Electric Co., Hobart Brothers and TDY Industries Inc., said the data doesn’t back up that claim.
“The science really doesn’t support an increased incidence of these diseases among welders,” Bissell said. “There is simply no link between mild steel welding and Parkinson's disease or any other Parkinson's-like movement disorder."
Bissell believes the deadlock is a victory that will set a trend in Texas.
“It shows them their handpicked first case is one they can’t win,” he said.
Bissell said there are hundreds of similar cases pending across the state.
A jury in Illinois awarded a welder $1 million in a case last year.
“The fact is that the welding rod manufacturers did not adequately warn workers of the dangers of breathing their fumes,” Kaiser said. “As a result, thousands of previously healthy and productive welders are suffering from a disease for which there is no cure.”
Michael Wright covers Brazoria County courts for The Facts. Contact him at (979) 849-8581.
Share |
Save |
Mail |
Print
|
|
|
 |
|
FREE BAY BOAT WITH WATERFRONT PURCHASE Get
...
Click for all
Top Ads listing
|
