Oil Workers Win Suit Over Hearing Loss
March 2010
Editor: If memory serves me, we recently saw a case in which firemen
also won a suit over noise-induced hearing loss. Here's the press release
on the oil worker's case from the winning lawyers.
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Attorneys with Baron & Budd, P.C. and the Mumphrey Law Firm, LLC, have
announced a judgment in favor of a group of former Murphy Oil Corp.
employees who suffered noise-induced hearing loss from decades of work at
Murphy Oil. This is believed to be the first such judgment for Louisiana
workers who suffer occupational hearing loss.
Judge Manuel A. Fernandez, of the 34th Judicial District Court in St.
Bernard Parish, found that Murphy Oil violated its duty to its employees
by failing to provide:
* a safe place to work-free from excessive noise;
* an effective hearing conservation program for its employees;
* regular and periodic hearing tests; and
* warnings to employees of the dangers associated with long-term chronic
occupational noise exposure.
"Murphy Oil knew that the noise at its plant was harmful, but the
company decided it didn't make financial sense to protect the workers,"
said Renee Melancon, Baron & Budd shareholder. "Unless we hold employers
responsible for decisions like this, there's simply not enough incentive
to keep workplaces safe."
The court specifically noted Murphy Oil's decision not to spend
$110,000 for noise control equipment during a $35 million plant expansion
in the late 1970s, concluding that "Murphy's corporate decisions seem to
rank economic frugality over hearing protection."
"Murphy Oil put profits over people for decades," said Wayne Mumphrey,
local attorney for the plaintiffs. "We're gratified to see the court take
so seriously the wrong that was done to these workers."
About Baron & Budd, P.C.
Dallas-based Baron & Budd, P.C., with offices in Baton Rouge, Austin
and Beverly Hills, is a nationally recognized firm with more than three
decades of experience representing people and communities harmed by
corporate negligence. The firm resolved one of the first asbestos cases in
the United States in the 1970s and continues to serve people diagnosed
with mesothelioma and asbestos-related lung cancer-as our case results
show-as well as communities and consumers dealing with the costs of fraud
and corporate misconduct.