Laptop Battery Jurors began deliberations on Wednesday morning in a workplace hazards case brought against I.B.M. by two former employees who claim the company knowingly exposed them to dangerous chemicals that ultimately gave them cancer.
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Thinkpad Closing arguments in the four-month trial ended on Tuesday. Lawyers in the case said the jury of 11 women and one man might return a verdict by next week. The outcome could be far-reaching for the technology industry because the chemicals involved were widely used in electronics manufacturing in the 1970's and 1980's.
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Microsoft The plaintiffs, James Moore and Alida Hernandez, worked in an I.B.M. factory in San Jose, Calif., during the late 1970's and in the 1980's, where they routinely used a variety of solvents. Mr. Moore, 62, suffers from non-Hodgkin's lymphoma, while Ms. Hernandez, 73, was diagnosed with breast cancer in 1993.
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Laptop Computers For the plaintiffs to prevail under California law, 9 of 12 jurors must conclude that Mr. Moore and Ms. Hernandez suffered from chemical poisoning as a result of their employment at I.B.M. and that company executives knew about the hazard and concealed it.
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Laptop Computer The lawyer for the plaintiffs, Richard Alexander, told the jurors in Santa Clara County Superior Court that I.B.M. was practicing "corporate medicine" by putting profits before workers' health, and lied to its employees about the safety of its workplace.
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Desktop Computer A lawyer representing I.B.M, Robert C. Weber, called the case smoke and mirrors, and told the jurors that the plaintiffs had failed to make a connection between their illnesses and the conduct of the company. He argued that Ms. Hernandez's illness, for example, could have been caused by any number of factors, including her weight and family history.
Notebooks If the workers prevail, they will be allowed reimbursement for medical costs and lost wages, along with payment for pain and suffering, which could amount to millions of dollars. Last Friday, in response to a motion by the I.B.M. lawyer, the judge excluded punitive damages, which could have added millions of dollars to the award.
Lenovo The cases in Santa Clara are 2 of more than 200 lawsuits brought by former workers against I.B.M. for chemical poisoning at its plants. One case involving birth defects is scheduled to go to trial next week in New York.
Hard Drive By Laurie J. Flynn
New York Times - 2/26/2004
Topic: Toxics
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