PaTLA: fostering public awareness and understanding of the role of the trial lawyer in the administration of justice.

Shopping Cart

Home News & Case Notes Worker exposed to lead oxide can proceed with fraudulent misrepresentation claim against employer (10/10/2023) - A worker at an electronics plant alleging that his employer fraudulently misrepresented unhealthy lead levels is not barred under the exclusivity provision of the Workers’ Compensation Act, a federal judge has ruled. In Shetterly v. Sony Electronics, Inc., U.S. District Judge Joy Flowers Conti held in a memorandum opinion that a plaintiff presented sufficient evidence to create a genuine issue of material fact in his claim of fraudulent concealment of lead exposure, such that the plaintiff’s claim falls within the limited exception to the exclusivity provision of the Workers Compensation Act created by Martin v. Lancaster Battery. Plaintiff claims that Sony told him that airborne dust in the factory was not a cause of concern, when in fact it was lead oxide, and that Sony ignored his and co-workers' complaints of symptoms of lead exposure.  Sony did not comply with OSHA requirements in that it failed to test its employees for lead exposure.  The judge denied the defendant’s motion for summary judgment for one worker and his wife but granted Sony summary judgment for another employee who did not suffer tangible physical injuries. A copy of the opinion may accessed by clicking on the Related File below. **Many thanks to PaTLA member Craig L. Fishman of Pittsburgh.   Related Files Shetterly v. Sony