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Torts Keyed to Dobbs
Jowers v. BOC Group, Inc.
Citation:
608 F.Supp.2d 724 (2009)Facts
Robert Jowers worked as a welder for approximately 25 years, during which he was exposed to manganese in welding fumes. Throughout his career, he used welding consumables manufactured or distributed by BOC Group, Inc. In 2006, Jowers was diagnosed with manganism, a neurological disorder similar to Parkinson’s disease that is caused by excessive manganese exposure. Jowers claimed that BOC Group failed to provide adequate warnings about the neurological risks associated with manganese exposure from welding fumes. BOC Group contended that the warnings they provided were adequate and that Jowers, as an experienced welder, was a sophisticated user who should have been aware of the risks. Additionally, BOC Group argued that Jowers failed to establish that their products were the specific cause of his condition, given his use of multiple manufacturers’ products throughout his career.
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