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April 3, 2006

Illinois Supreme Court Denies Appeal in $1 Million Welding Rod Case

On March 29, 2006, the Illinois Supreme Court denied the defendant's appeal in Elam v. Lincoln Electric Co. Lawrence Elam brought a products liability suit against Lincoln Electric Company, Hobart Brothers Company, and Airco/The BOC Group, Inc., manufacturers of welding rods. He claimed that the fumes from the rods, which contained manganese, were the cause of his Parkinson's disease and that the defendants were liable for failure to warn him of the risks associated with the rods. After a four-week circuit court trial, a jury returned a $1 million general verdict in Elam's favor. The trial court entered judgment against the defendants for $925,000, reflecting a setoff for a prior settlement. The Illinois Court of Appeals affirmed in Elam v. Lincoln Elec. Co., 841 N.E.2d 1037 (Ill. Ct. App. 2005) |Lexis| and the Illinois Supreme Court denied the appeal. There are thousands of products liability cases that have been filed by welders against Lincoln Electric Company, General Electric, Westinghouse, Caterpillar Inc., and a number of other manufacturers of welding consumables (In re Welding Fume Products Liability Litigation, MDL Docket No. 1535, United States District Court for the Northern District of Ohio). The claims Mr. Elam asserted are similar to the claims being asserted in the other cases.  Yahoo Finance


April 3, 2006 | Permalink


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