Jowers v. Boc Group, Inc.

2009 WL 9956613 (2009)

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Nature of the Case

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Facts

Jowers (P) brings this action against BOC (Ds), all manufacturers of welding rods that P asserts he used during his career as a welder in Mississippi. P alleges the fumes given off by these welding rods caused him to suffer neurological injury. P brings claims for: (1) aiding and abetting, acting in concert, and joint and concurrent tortfeasors in the tortious failure to warn; (2) aiding and abetting, acting in concert, and joint and concurrent tortfeasors in the failure to investigate and test; (3) conscious/negligent misrepresentation involving risk of physical harm; (4) negligent performance of an undertaking; (5) negligence; (6) negligent sale of a product; (7) strict liability -- sale of an unreasonably dangerous product; (8) strict liability -failure to warn; and (9) punitive damages. The facts are not in dispute. Ds shipped their products with Material Safety Data Sheets (MSDS). P testified he never read such a notice. P never read any books or magazines or studies regarding the hazards of welding fumes. P’s employer received publications from Ds that addressed the safety hazards of welding fumes. Ds relied in the managers, hygienists, trainers and safety supervisors to disseminate the dangers. The Court ruled on Ds' summary judgment motions on misrepresentation claims as GRANTED in part and DENIED in part.