Worker who damaged his lungs in ammonia leak loses lawsuit

Robeson County, North Carolina resident and factory maintenance mechanic Brian Blue was working at the Mountaire Farms poultry plant when he and his supervisor were both injured after an ammonia leak filled the air.

The issue began when the United States Department of Agriculture conducted an inspection of the factory in April 2009 and ordered Mountaire to replace the votator heat exchanger, which uses ammonia to chill the chicken before it is packed. Mountaire, upon purchasing the machine, decided to have employees install the device instead of hiring a contractor to install the part.

A three-judge panel of the North Carolina Court of Appeals unanimously decided last Tuesday, May 17, that Blue has no case against his employer and should use the benefits he is entitled to by the state Workers’ Compensation Act. Blue sued after the June 2009 incident that required Blue to have a double lung transplant after being in a coma for five months.

If you are facing difficulties filing suit after a workplace injury, do not hesitate to seek legal assistance from the attorneys at Scudder Seguin, PLLC. We are certified as specialists in workers’ compensation law and can help you obtain the compensation you deserve. Call our offices at (919) 851-3311 to discuss your situation.