Wood Preservative Makers Lose Bid for Summary Judgment on Failure-to-Warn Claim

ASHLAND, Ky. — The manufacturers of a wood preservative used to protect utility poles have been denied summary judgment in a toxic tort suit brought by a power company lineman who maintains that his health problems were caused by workplace exposure to defendants’ product. McCarty, et ux. v. Arch Wood Protection, Inc., et al., No. 11-cv-00109 (E.D. Ky.).

U.S. District Judge Henry R. Wilhoit Jr. said that while the product hazards alleged by plaintiff Lloyd McCarty have not been established at this stage of the litigation, his claims are not implausible under the U.S. Supreme Court’s Twombly test (Bell Atlantic …