Jontrell Saizon and Nicholas Blanchard sued Dow. They claimed the company’s negligence led to serious injuries in different incidents. Saizon was injured in April 2020, while Blanchard was hurt in December 2022.
In Louisiana, injured workers can only sue a company for more damages if they prove the company intentionally caused the injury.
According to a news release from the law firm that represented Dow, Saizon and Blanchard’s lawyers claimed their injuries were very likely and argued that Dow should pay more than workers’ compensation.
The news release said they argued that the company should pay for larger damages and cited a law that permits lawsuits when injuries are “substantially certain” to happen.
Dow’s lawyers said the law permits this exception only if Dow or its workers knew an injury would definitely occur and went ahead anyway. They claimed this was not true in either case, the news release said.
In Saizon’s case, the judge agreed with Dow’s lawyers and dismissed the lawsuit. In Blanchard’s case, the judge initially didn’t agree, but when the case was appealed, a higher court sided with Dow and also dismissed the case.
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