Burt, et al. v. Fumigation Service and Supply, Inc.

This case deals with a lawsuit filed by seven employees of the Gerber Products Company against Fumigation Service and Supply and Great Lakes Chemical Corporation. The workers were employed at a Gerber building in Freemont, Michigan. In 1992, the building was fumigated by Fumigation using a Great Lakes product known as Meth-O-Gas. Meth-O-Gas is a 100% methyl bromide pesticide. Methyl bromide is a colorless, odorless, tasteless gas used to fumigate fruits, nuts, and grains. Inhalation of methyl bromide can be fatal or cause serious acute illness or delayed lung and nervous system injury. Exposure to toxic levels of methyl bromide can occur without warning or detection. The workers were answering telephones in a building near the one being fumigated. Once the methyl bromide was used, they became ill and continue to suffer from these illnesses. The workers claim the methyl bromide caused their injuries and sued the producer (Great Lakes) and applier (Fumigation) claiming negligence, breach of warranty, and loss of consortium. They state Meth-O-Gas is defective because it is not safe and fit for use because it lacks a warning agent to alert people to possible exposure.

This lawsuit illustrates a trend that has been present in environmental justice for many years. Employees are often subjected to horrible work-place conditions. Dating back to the factories of the nineteenth century, terrible working conditions have caused sickness and death for countless workers. Lower-educated, lower-income people are far more likely to work in these conditions and minorities make up a disproportionate share of the low-educated, low-income groups. Also, the places where these poor conditions occur are more likely to be in poor areas populated by minorites. The environmental justice movement needs to deal with improving working conditions. Many lower-income, minimum wage earners are subjected to unfairly hazardous working conditions. The illnesses the Gerber workers experienced as a result of the application of Meth-O-Gas is just one example of this.

Source: http://www.lawsite.com/RECENT/

[MAIN PAGE][Bayview Power Plant][Kingsley Park][Methyl Parathion in Detroit][Apartheid in South Africa][Sable v. GMC][Burt v. Fumigation Service and Supply][US vs. Cello-Foil][Farm Bureau Insurance v. Porter&Heckman][Hazardous Waste Deep Injection Well][Incinerator in Moss Point]