Posted On: April 28, 2006, 2:26 pm CDT

Posted By: mom

This is joint and several liability. The contractor signed off that they'd be responsible for safety and follow all sorts of precautions, which they did not. The sub-contractor also said they would follow protocols, including testing the air - which they did not. Something unknown went very, very wrong when the sub-contractor was doing his thing. Since they didn't do the tests they were supposed to do, contractor/sub-contractor claim a) it was the other guy's fault b) the medical evidence of the illnesses and sensitizations couldn't be guarantee the exposure was that particular incidence c) headaches and asthma aren't such a big deal, and there's no hard evidence the cases of anaphylactic shock were really caused by this d) since only a percentage of the population sued, most recovered and it was only an inconvenient several months. We couldn't claim the rare cancers and immune system failures were caused by this, because the concept of "medical certainty" but we could and did use the MSDS sheets and the time line to show the explosion of identical complaints began with a specific sub-contractor event. Although plaintiff attorneys may go after innocent entities, more often the guilty collude to avoid blame. We need joint and several liability. We need no limits on awards. We need intelligent juries. We need honest attorneys and fair representation of the facts. We need responsible businesses….but we don't get them. And Vote Democrat.