Judge Dismisses Arcos Industries Pre-Trial for Lack of Evidence

CLEVELAND - The judge presiding over the federal welding fumes MDL has awarded Arcos Industries summary judgment just before trial, saying there was no evidence the plaintiff used Arcos products during the time he alleged exposure to welding fumes. In re: Welding Fume Products Liability Litigation, MDL No. 1535 [Jowers v. Lincoln Electric Co., et al., No. 07-WF-17010] (N.D. Ohio).

Judge Kathleen M. O'Malley said in her Jan. 18 order that "as a matter of law and undisputed fact," jurors could not find Arcos liable for any injuries claimed by plaintiff Robert Jowers.

Judge O'Malley, who oversees the Welding Fume …