1st Circuit Finds for PVC Industry in Wrongful Death Suit

BOSTON - A federal appeals court has affirmed summary judgment for an employer and companies that supplied polyvinyl chloride that allegedly led to the cancer death of a chemical worker, finding that liability was precluded by the "sophisticated user" doctrine. Taylor v. The American Chemistry Council, et al., No. 07-2422 (1st Cir.).

The 1st Circuit Court of Appeals also affirmed dismissal of fraud and conspiracy claims against the PVC industry defendants, finding no evidence they were responsible for warning the employer's workers.

The family of Claude Taylor alleged that his former employer, Monsanto Co., and the companies that supplied vinyl …