Lincoln Electric Co. v. Mclemore

54 So.3d 883 (2010)

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Nature of the Case

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Facts

P worked as a welder for almost thirty years. In December 2001, P experienced difficulty welding and developed slowness in his left hand and arm. P was left-handed and relied on his left hand in his welding work. P thought that he had pinched a nerve, but that was not the case. A Dr. Joseph Farina, a neurologist. informed P that he had Parkinsonism or Parkinsonian syndrome and his condition could have been related to welding. P also went to the office of an attorney whom he previously had used for legal work, after Dr. Farina examined him and mentioned the attorney's name. P then saw Dr. Michael Graeber, Dr. Albert Hung, Dr. Michael Swash, Dr. Robert Herdon, Dr. David Doorenbos, and D's medical expert, Dr. Ray Watts. When Dr. Hung examined P in Boston in December 2002, he advised McLemore to discontinue welding. P first learned that he suffered from manganism in 2005. P filed various lawsuits claiming neurological injuries from exposure to welding products as early as February 2004. The first complaint was filed on February 13, 2004, against various corporations for injuries suffered from those Ds' sale and/or distribution of defective welding consumables. The complaint did not name either D but named John Doe Defendants 1-20. On August 31, 2004, P filed a complaint alleging 'serious neurological injuries' due to exposure to manganese in the Defendants' welding consumables. This complaint named D and ESAB and other defendants was not served on anyone and was dismissed voluntarily by P on December 28, 2004. P filed another complaint on November 14, 2005, alleging 'serious neurological injuries' due to exposure to manganese in the Ds' welding consumables. This complaint was not served on anyone. McLemore filed an amended complaint on March 3, 2006, again alleging 'serious neurological injuries' due to exposure to manganese in Ds' welding consumables. Ds were served with the amended complaint no later than March 14, 2006. Ds’ filed summary judgment motions for the three-year statute of limitations. They were denied. D was awarded $1,855,000. Ds appealed.