Velasquez v. Centrome, Inc.
Annotate this CaseVelasquez worked at a company that made food flavorings, moving diacetyl, in closed and open containers. He breathed ambient diacetyl particles while mixing liquid and dry flavorings. Material safety data sheets attached to the containers warned that diacetyl was “harmful by inhalation,” but, consistent with industry practices at the time, did not warn of specific risks. The California Division of Occupational Safety and Health did not issue exposure limits until years later. During a 2005 incident, Velasquez inhaled fumes from a concentration that included acetaldehyde, but not diacetyl. He experienced trouble breathing and sought medical attention. Velasquez returned to the hospital twice in the next two months. In 2005, Velasquez’s supervisor took him to a clinic where a “company doctor” told him he could not continue working for the company in his condition. In 2006 Velasquez was diagnosed with bronchiolitis obliterans, a rare lung disease which is usually progressive and fatal. He filed suit. After finding the issue relevant to Velasquez’s ability to receive a lung transplant, the judge advised prospective jurors that Velasquez is an undocumented immigrant. The court entered judgment on the jury’s special verdict, including findings that the supplier’s acts were not a substantial factor in causing Velasquez’s harm. The court of appeal reversed, based on the error in disclosing Velasquez’s status to jurors.
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