Davis & Whitlock wins jury verdict in coal ash cleanup worker case against Jacobs Engineering for Kingston coal ash cleanup

Gary Davis and Jeff Friedman (of Friedman Dazzio) led the trial team in securing a jury verdict against Jacobs Engineering Group, Inc., in the four-week Phase I trial for 70 coal ash cleanup workers sickened by their exposure to the 5.4 million cubic yards of coal fly ash released by TVA at the Kingston Plant in December 2008. The U.S. District Court for the Eastern District of Tennessee jury found Jacobs negligent for failing to protect the workers from exposure to the fly ash and found that exposure to coal fly ash can cause 10 different diseases suffered by the workers, including lung cancer and leukemia. Phase II of the trial will be for specific causation, compensatory damages, and punitive damages.

Plaintiffs proved that Jacobs deliberately manipulated or tampered with personal air monitoring results; did not inform TVA safety officials of repeated complaints regarding health problems due to fly ash; failed to comply with the provisions of the safety and health plan with respect to the voluntary use of dust masks; threatened workers when they asked for dust masks or respirators; communicated to workers that fly ash was safe to consume; and otherwise failed to train or warn workers about the dangers of excessive fly-ash exposure. Davis and Friedman were also the lead counsel in the successful 2011 bench trial against TVA on behalf of property owners in the vicinity of the coal fly ash disaster site. That liability judgment resulted in a $27.8 million settlement for the property owners.

See the link for news about the jury verdict: https://www.knoxnews.com/story/news/crime/2018/11/07/verdict-reached-favor-sickened-workers-coal-ash-cleanup-lawsuit/1917514002/