Laptop Battery The trial of two retired I.B.M. factory workers accusing the company of knowingly exposing them to dangerous chemicals adjourned for the holidays last week after more than seven weeks of testimony. As the plaintiffs prepare to rest their case, and as I.B.M. prepares its defense, both sides say they like their chances.
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Thinkpad The plaintiffs, Alida Hernandez and James Moore, claim that I.B.M. exposed them to harmful chemicals while they worked in the company's factory in San Jose, Calif., in the late 1970's and 1980's, and that the exposure caused them to develop cancer. Ms. Hernandez, 72, was diagnosed with breast cancer in 1993, and Mr. Moore, who is 62, has non-Hodgkin's lymphoma.
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Microsoft Since testimony began on Nov. 4 in the trial in Santa Clara, Calif., the plaintiffs have called more than a dozen witnesses, including other I.B.M. employees, a retired company manager, a former I.B.M. occupational nurse, an oncologist, a poison expert and a ventilation specialist.
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Laptop Computers "I think we've established that the employees were injured by their job, and that I.B.M. knew it," said Amanda Hawes, a lawyer with Alexander Hawes & Audet, the San Jose law firm representing Ms. Hernandez and Mr. Moore. Ms. Hawes said she and her partner, Richard Alexander, the lead lawyer for the plaintiffs, must show a link between chemical poisoning and the cancers.
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Laptop Computer In the California court system, employees are barred from suing their employer except in special circumstances. Otherwise, they must pursue their complaints through the state's worker compensation system. In arguing that special circumstances occurred, the plaintiff's lawyers contend that I.B.M. knew its employees were at risk. "These are tough cases," Ms. Hawes said. "They are all about concealment: what they knew and what they did about it."
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Desktop Computer I.B.M.'s lead lawyer, Robert C. Weber, said the plaintiffs were trying to broaden the scope of the trial beyond the narrow claim of concealment by, for example, calling witnesses to describe worker safety in clean rooms in general. When the case concludes, the judge, California Superior Court Justice Robert A. Baines, could instruct the jury not to consider parts of the plaintiffs' case that he feels go beyond the scope of the trial, said Mr. Weber, a lawyer for the firm Jones Day in Cincinnati.
Notebooks "They're trying to use this case to make a point, but in the end the jury will be asked to decide if I.B.M. defrauded these people," Mr. Weber said. "The answer to that is no.''
Lenovo I.B.M. has argued that Ms. Hernandez and Mr. Moore's cancers might be caused by factors outside the workplace, like other exposure, smoking or family history - or in the case of Ms. Hernandez, being overweight. The I.B.M. medical team, Mr. Weber said, treated them fairly and honestly.
Hard Drive When the trial resumes in January, the plaintiffs will continue to call witnesses before I.B.M. begins its defense, presumably the third week of January. Mr. Weber said his defense would take about a month.
Travelstar So far, I.B.M. has asked Judge Baines for a mistrial four times - the first just after Mr. Alexander's opening remarks - and the request has been denied in each instance. I.B.M. lawyers recently requested a mistrial after CBS broadcast a "60 Minutes II" segment about the trial on Dec. 10 that I.B.M. executives said might have tainted a jurist. Mr. Weber said the judge had precluded the lawyers from discussing the matter.
Gateway Through the witnesses, the plaintiffs' lawyers have tried to show that the workers became sick from exposure to chemicals and that I.B.M. managers maintained an atmosphere of secrecy about it. Audrey Crouch, a former I.B.M. occupational nurse who became an environmental safety manager at the company, testified that I.B.M. fostered a culture of concealment. Dr. Frank Gardner, a cancer doctor in Texas, testified that Mr. Moore's non-Hodgkin's lymphoma was probably linked to chemical exposure that he experienced while at I.B.M.
Laptop Parts When the case resumes in early January, lawyers for Ms. Hernandez and Mr. Moore plan to call one of their most controversial witness: Richard Clapp, an epidemiologist at Boston University.
Software Ms. Hawes says that Dr. Clapp will testify about dozens of studies linking chemical exposure to higher cancer rates. But Dr. Clapp's testimony could have far less impact than the plaintiffs had hoped. In November, Judge Baines threw out a report written by Dr. Clapp in which he concluded that the cancer-death rate among I.B.M. workers was higher than that of the general public and that I.B.M. would have known this. Judge Baines described the report as irrelevant and potentially confusing.
Hard Drives Nearly 40 more cases against I.B.M. are waiting trial in Santa Clara County and dozens more are waiting in New York. The first of those, in White Plains, is scheduled for trial in March.
By Laurie J. Flynn
New York Times - 12/22/2003
Topic: Toxics
