Bradley v. Brown

852 F. Supp. 690 (1994)

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Bradley v. Brown

United States District Court for the Northern District of Indiana
852 F. Supp. 690 (1994)

  • Written by Tanya Munson, JD

Facts

Pickens Brown (defendant) was the owner and operator of the Kill Company (defendant), which performed extermination work for the United States Steel Corporation at its Gary Works plant. On April 20, 1983, Brown applied pesticides to a file room at the Gary Works plant between 6:00 a.m. and 6:30 a.m. Brown fogged the room with Pyrtox in a kerosene base. Brown had sealed the room and did not ventilate it. Brown finished the application, left the facility, and assumed that an employee would ensure the building would be properly ventilated. The employee did not. The directions for the application of Pyrtox stated that the applicator should vacate the area and ventilate before occupying. After Brown left, an air-circulation system was activated, which circulated the air within the building instead of removing it outside. Employees arrived at the building after 7:00 a.m. and were exposed to Pyrtox in a kerosene base. Cherrye Bradley, Frances Roy, and MaryAnn Welch (plaintiffs) were exposed to the Pyrtox and suffered nausea and extreme discomfort as a result. Bradley, Roy, and Welch brought a negligence action against Brown and the Kill Company in federal court.

Rule of Law

Issue

Holding and Reasoning (Moody, J.)

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