Plaintiff was an employee of a waste management company who alleged that he was fired because the company was not taking appropriate steps to dispose of toxic wastes and plaintiff “whistle blew” during a Federal investigation. Plaintiff was fired soon after the investigation. In addition, plaintiff alleged that he suffered brain injury as a result of the improper exposure to toxic substances.
In this bitterly disputed case, the defendant alleged that plaintiff was both fired and brain damaged due to the fact that he was addicted to methamphetamine and was suffering from AIDS and that the allegations he made during the investigation were false.
The law offices of Winer, McKenna, Burritt & Tillis LLP, was able to produce evidence to establish that although plaintiff was gay, HIV positive and did use methamphetamine while at work, the brain injury from which he suffered was consistent with the toxic exposure and not the use of speed or an AIDS related illness.
Further, the law firm was able to uncover documents which indicated that the toxic waste was improperly handled by the company and that there was a cover up. Rather than face further exposure of its practices, the company settled the case and claimed that they would change their practices which might have prevented severe illness to thousands of nearby residents.
RESULT: Confidential settlement on behalf of plaintiff