1/13/2009 - John Dodson and Christina Lee Obtain Summary Judgment in Wrongful Death Case
On January 9, 2009, Madison County Circuit Court Judge Bruce E. Williams granted summary judgment in favor of Startex Chemical, Inc. regarding claims of negligence and wantonness. A flash fire/explosion occurred at a residence while under construction, resulting in the death of one construction worker and injury to another. The plaintiffs alleged that Startex Chemical, Inc. was negligent and wanton in its failure to warn of the dangers associated with its lacquer thinner. John Dodson and Christina Lee, counsel for Startex Chemical, Inc., moved for summary judgment asserting that the plaintiffs’ evidence was insufficient to create a genuine issue for trial. Specifically, Mr. Dodson and Ms. Lee argued that the plaintiffs failed to meet their burden of proof because they could not demonstrate that the warning labels were inadequate. Additionally, Mr. Dodson and Ms. Lee argued that the plaintiffs could not demonstrate that the warning labels proximately caused any injury. The Court granted summary judgment in favor of Startex Chemical, Inc. on all counts.
