MDL Judge Says Jury Cannot Allocate Fault to Ingalls Shipyard

CLEVELAND - The Welding Fume MDL judge recently ruled that fault cannot be allocated to a plaintiff's employer because the plaintiff received Longshore and Harbor Worker's Compensation Act benefits. Ruth v. A.O. Smith Corp., et al. No. 1:04-cv-18912 (N.D. Ohio).

On Feb. 27, Judge Kathleen M. O'Malley of the U.S. District Court for the Northern District of Ohio granted Charles Ruth's motion to preclude allocation of fault to his employer, Ingalls Shipyard, finding that a jury cannot allocate fault to Ingalls because Ruth received LHWCA benefits.

'The Mississippi Supreme Court has twice affirmed that, if the employee has received LHWCA …