American Optical Corporation v. Robert Lee Rankin, Jr.

227 So. 3d 1062, 2017 WL 2181138
CourtMississippi Supreme Court
DecidedMay 18, 2017
DocketNO. 2015-CA-01066-SCT
StatusPublished
Cited by21 cases

This text of 227 So. 3d 1062 (American Optical Corporation v. Robert Lee Rankin, Jr.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Optical Corporation v. Robert Lee Rankin, Jr., 227 So. 3d 1062, 2017 WL 2181138 (Mich. 2017).

Opinions

COLEMAN, JUSTICE, FOR THE COURT:

¶1. On May 13, 2013, a former construction worker, Robert Lee Rankin Sr., filed a complaint in Jefferson County Circuit Court against American Optical Corpora[1064]*1064tion (AO) alleging an injury of “lung disease and silica related conditions caused by exposure to respirable crystalline silica” while using defective respirators1 manufactured by AO. Following trial on February 17-24, 2015, the jury returned a total verdict of $14 million in favor of Rankin.2

¶2. According to the verdict form, the jury found by a preponderance of the evidence that (1) Rankin had a “silica-induced lung condition;” (2) Rankin did not know nor should he have known before May 13, 2010, that he had the “lung injury” that he alleged in the lawsuit; (3) Rankin used a respirator manufactured or sold by AO “while working in harmful concentrations of silica;” (4) there was a defect in the design of an AO product that proximately caused Rankin’s silica-induced lung condition; and (5) there was a defect in the warning of an AO product that proximately caused Rankin’s silica-induced lung condition.

¶3. The jury awarded $4 million in non-economic damages and $10 million in economic damages. The jury assigned 45% of fault to AO and 55% to “Other Named and Unnamed Defendants and/or Parties.”3 The trial court entered a total judgment against AO of $6.3 million, reflecting the jury’s apportionment of fault. AO filed a motion to amend the judgment and a motion for a judgment notwithstanding the verdict (JNOV) or, alternatively, for a new trial. The trial court granted AO’s motion to amend the judgment in part and amended the noneconomic damages award from $1.8 million to $1 million to comply with the statutory cap on noneconomic damages. However, the trial court denied AO’s motion for a JNOV or, alternatively, for a new trial.

¶4. AO appeals, raising the following seven issues, restated for clarity:

I. Whether Rankin’s claims are barred by the three-year statute of limitations.
II. Whether Rankin proved that the design of the AO respirators proximately caused his injury and that there was a feasible design alternative.
III. Whether AO is entitled to judgment as a matter of law on Rankin’s failure to warn claim.
IV. Whether Rankin proved that his use of an AO respirator proximately caused his injuries.
V. Whether Rankin proved a reasonable basis for the allegation that his alleged damages were caused by silica exposure.
VI. Whether AO was deprived of its right to a fair trial in an impartial forum.
VII. Whether the $14 million verdict was against the overwhelming weight of the evidence.

¶5. It is necessary for the Court to address only the first issue raised.

FACTUAL BACKGROUND

¶6. AO manufactured and sold respiratory protection products, including the model 1050 and 1010 respirators or masks, which were introduced in 1976 and 1985 respec[1065]*1065tively.4 The 1050 and 1010 were single use, disposable respirators designed to protect individuals against pneumoconiosis and fibrosis producing dusts such as silica. Both AO respirators were marketed for use in textile, mining, quarrying, grinding, and rock crushing operations, but not in abrasive blasting operations.

¶7. Rankin worked in the construction business for various employers and independently from approximately 1965 though 2001. Rankin testified that he jackham-mered and sandblasted during his career in the construction business.5 Rankin identified several different brands of respirators that he used throughout his career while he jackhammered and sandblasted. Two of the respirators that Rankin used while he jackhammered and sandblasted were AO’s 1050 and 1010. Rankin could not recall how often or where he wore any specific respirator that he identified. Rankin never saw any boxes, packaging, or paperwork that came with the respirators, nor did anyone teach him how to use the respirators.

¶8. Larry Brown, Rankin’s former coworker, testified that he worked with Rankin from 1980 to 1985. Brown testified that he and Rankin performed carpentry, sandblasted, and jackhammered during the entire five year period that they worked together. Brown testified that there was “a lot of dust created” when they sandblasted and jackhammered concrete.6 Although Brown’s testimony was inconsistent, Brown ultimately testified that Rankin wore an AO mask while jackhammering and sandblasting from 1980 through 1985.

¶9. Rankin’s “long and complicated medical history” was well documented at trial. Rankin first was diagnosed with silicosis, an occupational lung disease, on January 14, 2014, eight months after Rankin had filed his complaint in the present case. Rankin also suffered from breathing problems since 2000; had a heart attack in 2001; underwent open heart surgery; had multiple strokes; had blood clots in his legs; suffered pulmonary emboli; had seizure disorders; had Type II diabetes; underwent leg amputátion below the knee due to diabetes; had peripheral vascular disease; had high cholesterol; suffered from hypertension; had coronary artery disease; had congestive heart failure; had chronic obstructive pulmonary disease (COPD), a chronic lung disease; and suffered from pulmonary interstitial lung disease.

1Í10. Dr. Steven Haber, a physician board certified in internal and pulmonary medicine as well as a certified B-reader, testified on behalf of Rankin. A B-reader is a physician certified by the National Institute for Occupational Safety and Health (NIOSH) to read x-rays for dust diseases of the lung such as silicosis and asbestosis. Dr. Haber explained that silicosis is a type of pneumoconiosis or “dust disease of the lung” caused by inhaling ciystalline silica. Dr. Haber testified four criteria are required before a diagnosis of silicosis can be made, which are: (1) an x-ray showing scar tissue; (2) a history of exposure to silica; (8) a latency period; and (4) a clinical evaluation to determine if there was another reason for the scar tissue.

[1066]*1066¶11. Dr. Haber testified that respirable silica may be generated during construction activities such as jackhammering and sandblasting. He said that disrupting or breaking up materials through jackham-mering and sandblasting causes crystalline silica to become airborne in high concentrations. Dr. Haber testified that the inhalation of silica causes scar tissue or fibrosis to form in the interstitial or tissue part of the lung, which results in an incurable and progressive lung disease known as silicosis. .

¶12. On January 14, 2014, Dr. Haber personally interviewed and examined Rankin “regarding, possible occupational lung disease.” Dr. Haber took Rankin’s occupational history and reviewed Rankin’s medical records, including x-rays and CT scans, as well as deposition testimony of Rankin and his coworkers. Dr. Haber gave the following summary of Rankin’s occupational history based on his interview with Rankin:

[Rankin] was in the construction indus-. try from about 1966 until 2001 when he left work. He had significant occupational exposures to silica dust.

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Bluebook (online)
227 So. 3d 1062, 2017 WL 2181138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-optical-corporation-v-robert-lee-rankin-jr-miss-2017.