Birmingham Partner Chase Eley defended a client in a workers’ compensation trial in Lauderdale County, Alabama. The Plaintiff alleged that he developed and was diagnosed with histoplasmosis, a rare lung infection, after being exposed to foreign substances while working on a construction site. Through discovery, it was determined that prior to the Plaintiff beginning work at the alleged work site, Plaintiff had been diagnosed with a cavity lesion in his lung, which was indicative of histoplasmosis. During trial, Plaintiff shifted his argument and asserted that his work conditions and exposure to foreign substances aggravated and permanently worsened his underlying lung condition. After Mr. Eley conducted a lengthy and thorough cross-examination of the Plaintiff and direct examination of the Defendant’s expert, Mr. Eley argued that Plaintiff’s lung condition predated his work with the Defendant, and that the Plaintiff failed to establish both legal and medical causation. The Court entered a defense verdict.
