A group of chemical companies should not have been granted summary judgment in a lawsuit filed by a man who said he was injured through years of workplace exposure to toxic chemicals, the West Virginia Supreme Court of Appeals ruled Wednesday.
The state’s top court reversed a trial court’s dismissal of a third-party lawsuit by Michael Ruble, who worked at a plant owned by Zinsser Co. Inc. and later by RPM International Inc. and its subsidiary, Rust-Oleum Corp.
Mr. Ruble, whose work involved making various paint-related products, sued his current and past employers as well as chemical suppliers Bayer Corp., Bayer CropScience LP, E.I. du Pont de Nemours and Co., Matrix Chemical LLC, Monsanto Co. and Nouryon Chemicals LLC.
Mr. Ruble was denied workers compensation benefits after an administrative finding that he failed to prove a connection between the working conditions and his injuries, which included breathing difficulties, memory problems, tremors, swollen limbs and difficulty walking. A review board affirmed that decision.
The employer defendants were subsequently dismissed from the litigation, while the chemical companies remained.
The state’s high court ruled that Mr. Ruble didn’t have a “full and fair” opportunity to litigate his tort claims against the third-party manufacturers and that state law permits employees to pursue a comp claim and third-party lawsuit simultaneously.