LAWRENCE LANDSKRONER Contractor's Liability for Mishandling Toxic Substance LAWRENCE LANDSKRONER is the senior member of the firm of The Law Firm of Lawrence Landskroner & Associates in Cleveland, Ohio. He attended Denison and Miami Universities and received his law degree from Vanderbilt University Law School in Nashville, Tennessee. He is a member of the Ohio State Bar Association of Trial Lawyers of America, the Trial Lawyers for Public Justice, and the Cleveland and Cuyahoga Bar Associations. He is also a board-certified diplomate of the National Board of Trial Advocacy and a member of the Inner Circle of Advocates. Article Outline
I. IN GENERAL (pgs 1-2)
II. ILLUSTRATIVE FACTUAL SITUATION (pgs 3-8)
A. GENERALLY (pgs 3-5)
B. INSTRUCTIONS AS TO USE OF TOXIC SUBSTANCE (pgs 6-8)
III. LEGAL BACKGROUND A. THERORIES OF RECOVERY (pgs 9-15)
B. DAMAGES (pgs 16-22)
IV. CASE INTAKE (pgs 23-29)
V. INVESTIGATING THE CASE (pgs 30-44) A. MEDICAL ISSUES; CAUSATION (pgs 30-35)
B. USING MEDICAL CONSULTANTS (pgs 36-40)
C. DETERMINING THE FACTS (pgs 41-44)
VI. PRESUIT CONSIDERATIONS (pgs 45-48)
VII. DISCOVERY (pgs 49-75)
A. GENERALLY (pg 49)
B. DEPOSITIONS (pgs 50-54)
C. REQUESTS FOR PRODUCTION OF DOCUMENTS (pg 55)
D. INTERROGATORIES (pgs 56-75)
VIII. TRIAL PREPERATION (pgs 76-83)
IX. TRIAL (pgs 84-106)
A. JURY SELECTION (pgs 84-86)
B. OPENING STATEMENT (pgs 87-89)
C. PRESENTING PLAINTIFF'S CASE (pgs 90-100)
D. CLOSING ARGUMENT (pgs 101-102)
E. JURY INSTRUCTIONS (pgs 103-106)
X. APPENDIX (pgs 107-115)
I. IN GENERAL
1. Introduction
2. Scope of the Article
II. ILLUSTRATIVE FACTUAL SITUATION
A. GENERALLY
3. In General
4. Toxic Exposure Incident
5. Application to Construction Setting
B. INSTRUCTIONS AS TO USE OF TOXIC SUBSTANCE
6. Contractor's Application Instructions
7. Solvent Manufacturer's Recommendations
8. Manufacturer's Material Safety Data Sheet
III. LEGAL BACKGROUND
A. THEORIES AND RECOVERY
9. In General
10. Liability of Owner
11. Liability of General Contractor
12. Right to Control Work of Independent Contractor
13. Statutory Duties of Owners and Contractors
14. Liability of Paint Manufacturer
15. Application of Statute of Limitations
B. DAMAGES
16. In General
17. Personal Injury Damages - Generally
18. Checklist
19. Wrongful Death Damages - Generally
20. Checklist
21. Client's Diary
22. Damage Experts
IV. CASE INTAKE
23. In General
24. Initial Client Interview
25. Client Preperation for Interview
26. Client Interview Checklist
27. Options at Conclusion of Client Interview
28. Setting the Fee
29. Payment for Litigation Expenses
V. INVESTIGATING THE CASE
A. MEDICAL ISSUES; CAUSATION
30. In General
31. Medical Investigation Checklist
32. Medical and Scientific Research Sources
33. Medical Records
34. Worker's Compensation Claim
35. Medical Report
B. USING MEDICAL CONSULTANTS
36. In General
37. Treating Physician
38. Medical Specialist
39. Preparing the Expert
40. Preparation Checklist
C. DETERMINING THE FACTS
41. In General
42. Site Investigation
43. Finding Fact Witnesses
44. Witness Interview Checklist
VI. PRESUIT CONSIDERATIONS
45. In General
46. Depositions to Perpetuate Testimony
47. Plaintiff's Pleadings
48. Illustrative Complaint
VII. DISCOVERY
A. GENERALLY
49. In General B. DEPOSITIONS
50. In General
51. Deposition Checklist - Chemical Manufacturer
52. Painting Contractor
53. Site Manager
54. Defense Discovery Preparation - Checklist
C. REQUESTS FOR PRODUCTION OF DOCUMENTS
55. In General D. INTERROGATORIES
1. To Painting Contractor 56. In General
57. Definitions
58. Capacity in Which Work was Performed
59. Notice of Presence of Plaintiff
60. Method of Applying Product Containing Toxic Chemicals
61. Use of Product Testing Procedures
62. Quality of Supervision at Work Site
63. Other Accidents Involving Same or Similar Substances
64. Results of Defendant's Investigation
65. Identity of Anticipated Trial Witnesses
66. Extent of Insurance Coverage
67. Contentions Defendant Expects to Make
68. Financial Resources of Defendant
2. To Chemical Manufacturer
69. In General
70. Product Identification
71. Negligent Product Testing Procedures
72. Labeling, Warning
73. Prior Accidents Involving Toxic Substance
74. Warranties
75. Disclosure of Defendant's Expert Witnesses
VIII. TRIAL PREPARATION
76. In General
77. Developing a Theme for the Case
78. Mapping a Trial
79. Assessing and Using Plaintiff as a Lead Witness
80. Assessing and using Defendant as an Adverse Witness
81. Assessing Relative Strength of the Witness
82. Continuity of the Case
83. Checklist for Mapping the Trial
IX. TRIAL
A. JURY SELECTION
84. In General
85. Selecting a Jury
86. Technique of Conducting Voir Dire
B. OPENING STATEMENT
87. In General
88. Plaintiff's Opening - Illustrative Paragraphs
89. Checklist
C. PRESENTING PLAINTIFF'S CASE
90. In General
91. Plaintiff's Demeanor as a Witness
92. Preparing the Trial Witnesses
93. Presenting Plaintiff's Witnesses
94. Presenting Expert Testimony
95. Experimental Evidence
96. Illustrative Testimony
97. Handling the Causation Issue - Direct Examination
98. Cross Examination
99. Redirect Examination
100. Checklist
D. CLOSING ARGUMENT
101. In General
102. Illustrative Summation Highlights - Plaintiff
E. JURY INSTURCTIONS
103. In General
104. Liability
105. Damages
106. Comparative Negligence
X. APPENDIX
107. In General
108. Expert Witness List
109. Textbooks
110. Federal Government Publications
111. Industry Publications
112 Medical Periodicals
113. Pulmonary Conditions
114. Annotations
115. Legal Periodicals
| 
