Boren v. BOC Group, Inc.

895 N.E.2d 53, 385 Ill. App. 3d 248
CourtAppellate Court of Illinois
DecidedSeptember 9, 2008
Docket5-06-0679
StatusPublished
Cited by18 cases

This text of 895 N.E.2d 53 (Boren v. BOC Group, Inc.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boren v. BOC Group, Inc., 895 N.E.2d 53, 385 Ill. App. 3d 248 (Ill. Ct. App. 2008).

Opinions

PRESIDING JUSTICE STEWART

delivered the opinion of the court:

The defendants appeal an order of the circuit court of Madison County granting a new trial in this cause. We affirm.

BACKGROUND

The plaintiff, Steven A. Boren, filed a complaint against multiple defendants, alleging that his Parkinson’s disease was the result of his exposure to welding fumes and that the defendants failed to adequately warn of the neurological risks from manganese in welding fumes. When the parties first attempted to select a jury in May of 2005, the circuit court declared a mistrial when the parties agreed that an impartial jury could not be selected from the prospective jurors. On October 24, 2005, the parties appeared in court for a pretrial hearing prior to a second attempt at jury selection. The circuit court emphasized its concern for a fair trial, and it warned the attorneys as follows:

“The Court advised the entire [previous] panel that we had that the Plaintiff had a right to be here and that the Defendants had a right to be here to defend themselves. And I might add that [plaintiffs counsel] when asked by one of the potential jurors on the question of why is someone here from Cape Girardeau ***. Totally, totally improper, and he pursued it before I could make an effort to stop it. That will not happen this time. And you are not to pursue that line of inquiry. And then if there is someone here that wants to know about — that has some inclination to vent about tort reform, that is highly prejudicial. And we don’t want to pursue that line, either. *** Both sides will get a fair trial in this case. It is a very important case. And as always, I’m a stickler about fair trials.
* * ❖
Neither side will be allowed to talk to the press given the tenor of some of the publications in this county and some of the newspaper articles in this county. I’m concerned here with a fair trial, and so I’m going to impose a restriction on all parties and counsel not to talk to the press except to say you’re here, whom you represent, or some statistical information.”

Prior to the trial, the circuit court granted several of Boren’s motions in limine. The circuit court barred defense counsel from arguing that “[w]elding lawsuits, or plaintiffs claims, are ‘lawyer-made’ or ‘cottage industry’ lawsuits or claims, or that such cases are generated or caused by plaintiffs counsel.” When the circuit court granted this motion in limine, defense counsel did not object, but he asked for clarification:

“MR. GLOOR [defense counsel]: [J]ust so I make sure I understand the scope of the Court’s ruling, some of the studies that I believe the Plaintiffs are going to rely on were paid for by an entity called Gulf States Trial Lawyers. And so I don’t want to be precluded from showing who funded a study that they’re going to rely on. It states just that, too, in the first page of the study. I don’t want to be precluded from that.
THE COURT: I don’t think that would cover that.
MR. GLOOR: I don’t think that would cover it. I just wanted to be sure.
THE COURT: No. If you have a study that is obviously influenced by some group, that comes out.
MR. GLOOR: Thank you.
THE COURT: If it is lawyers, obviously that would be admissible.”

The parties selected a jury, and the trial began on November 1, 2005. The trial consisted primarily of conflicting expert opinions. During the trial, Boren testified that he began employment in the welding industry in 1976 and that he worked as a welder until he was diagnosed with Parkinson’s disease in 1998. Boren presented expert testimony that manganese in welding fumes from the defendants’ products could have caused his Parkinson’s disease. The defendants presented expert testimony that there was no relationship between welding fumes and Parkinson’s disease.

One of Boren’s key experts, Dr. Nausieda, a neurologist who practices in Milwaukee, Wisconsin, testified that manganese can cause central nervous system disorders, such as Parkinson’s disease, and that there is a link between welding and central nervous system disorders.

During the cross-examination of Dr. Nausieda, the defendants’ attorney questioned him about the basis for his opinions, which included a “Gulf Coast study” in which he screened various welders from shipyards from the Gulf Coast states for Parkinson’s disease. Dr. Nausieda testified that he became involved in this Gulf Coast study at the request of a law firm in Louisiana. The welders that were screened showed up at a union hall for their examination, and Dr. Nausieda testified that he did not know “exactly how they got there.” At that point during the cross-examination, defense counsel placed a picture of a full-size billboard advertisement on the overhead screen for the jury to see. Defense counsel did not alert Boren’s counsel that he was about to publish this billboard to the jury prior to doing so. In large letters, the billboard stated: “WELDING ROD INJURIES? call 1-800-IN JURED Milwaukee.” The billboard was not associated with Dr. Nausieda or the Gulf Coast study, and it was not related to Boren’s diagnosis or to any of the lawyers or law firms involved in the present case. After the billboard was shown to the jury the following dialogue took place:

“MR. McCOY [plaintiffs counsel]: Let me object to this advertising. This has nothing to do with anything in this case. It’s nothing from our firm, Judge.
(The following was held in chambers[.])
THE COURT: I just want to point out that the pattern of inquiry has centered itself around this Gulf Coast, whatever it is. That’s one thing for him to do the screenings down there and you get into that and tie that in, but your association with that and Bob McCoy [ — ]I’m going to have Bob make a record!;] I think we are at a mistrial at this point quite frankly, because I don’t know how I can rehabilitate that jury in light of the fact that this county has been bombarded with adverse publicity!,] including the President of the United States himself!,] with how this county conducts the trial process. And with the bombarding of newspaper and the big advertising by the national — United States Chamber of Commerce!,] there’s been, as we can see from the voir dire, an indoctrination of jurors generally, not only in this county, but throughout the United States!,] that there is something bad or wrong about trial lawyers. That borders! — ]that line borders on great prejudice. Now, if you can tie it up.
N*
THE COURT: Up to now I have no problem until you plastered that thing on there. Look, he’s fair game for the Gulf Coast study!;] there’s no question about it. You got into it. You show he’s making $10,000 a day or whatever. ***
í¡í í¡; i-<
MR. IVANSEK [defense counsel]: He said on direct examination he did mention he saw an ad and the ad was from Mr. McCoy’s law firm.

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Boren v. BOC Group, Inc.
895 N.E.2d 53 (Appellate Court of Illinois, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
895 N.E.2d 53, 385 Ill. App. 3d 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boren-v-boc-group-inc-illappct-2008.