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Former Employees Sue IP for Alleged Hearing Loss
June 9, 2010 Box BizInternational Paper Co. (IP) is being sued by 155 former employees of its closed containerboard mill in Pineville, La., for alleged hearing loss suffered on the job, The Town Talk reports.
Each plaintiff is seeking a maximum of $50,000 in damages. The lawsuit, filed with the Rapides Parish Clerk of Court’s Office on May 7, alleges that workers at the mill “were exposed to an unreasonable risk of harm by being exposed to loud noise caused by permanent defects” at the operation.
The suit also alleges fraud, saying proper safeguards could have avoided the hearing injuries. It also says IP knew about the danger of hearing loss, but withheld that information from employees and failed to take appropriate preventive measures.
IP announced in October that it would close three mills, including Pineville, to reduce the capacity of its containerboard division in response to slowed demand. The 230-employee Pineville mill ceased production in mid-December. Plaintiffs noted that the legal action was underway before IP announced the shutdown.
The attorney for the plaintiffs is Clayton M. Connors with the Mumphrey Law Firm in New Orleans. Connors said such claims can be handled through the courts rather than as workers’ compensation claims because the hearing loss was gradual, not the result of a single event.
The plaintiffs are seeking no more than $50,000 in damages each, and according to the lawsuit have stipulated they will not seek to recover more than that from IP even if they are awarded greater damages.
Their hearing loss over the years has been noticeable though not total, said the plaintiffs, adding they seek damages for pain, suffering and medical bills related to hearing loss. The damage cap, Connors says, is largely to keep the case from being sent to federal court, which could happen if the plaintiffs were seeking $75,000 each or more in damages.
