Jury Stymied in Lockheed Toxic Exposure Case : Courts: The judge orders jurors to keep trying. The outcome will influence the claims of 624 current and former workers of the Burbank plant.
A deeply divided Los Angeles Superior Court jury Friday concluded its seventh week of deliberations in the marathon trial of toxic exposure claims by Lockheed workers, and there were indications the trial could end with a hung jury.
Since Feb. 1, the jury of seven women and five men has been considering injury claims against nearly two dozen chemical firms that supplied solvents, resins and epoxies used to make Stealth fighters and other military aircraft at Lockheed’s Burbank complex in the 1970s and ‘80s.
But in recent notes to Judge Melvin B. Grover, exasperated jurors have described the difficulty of reaching a verdict, or even talking to each other because of the “emotional and antagonistic” atmosphere.
Grover has asked jurors to continue their work, but Friday conceded that the trial could end with a hung jury.
Now in its eighth month, the trial involves claims that Lockheed employees suffered ailments ranging from skin rashes and memory loss to cancer because suppliers of the chemicals they worked with failed to provide adequate warnings about the dangers of their products.
The chemical firms contend they gave adequate warnings and that it was Lockheed’s duty to provide safe working conditions.
Lockheed originally was a defendant but last summer paid an undisclosed settlement and was dismissed from the case.
The 9-3 majority needed for a verdict has eluded the jury so far.
“We are at an impasse. Communication between the jurors has broken down,” said a note to Grover late last week that was signed by seven jurors.
“We are frustrated. Throughout the process, certain members have intentionally stalled the process, introduced information with no relevance to the evidence presented in court and essentially undermined deliberations,” the note went on.
“The environment is emotional and antagonistic.”
A note Wednesday reported some progress, but again reported that “jurors aren’t cooperating with each other.”
“Can’t we all just get along”, it concluded plaintively, echoing Rodney G. King’s appeal for calm during the riots that followed the acquittal of Los Angeles police who beat him.
Jury deliberations are to resume Monday morning.
Lawyers in the case were unavailable for comment on the stalemate, due to a gag order imposed by Grover in December.
The outcome will influence the claims of 624 current and former Lockheed workers, although the trial only directly involves 14 representative or “pilot” plaintiffs, after a 15th was removed from the group.
Still, jurors face the daunting task of deciding in each of the 14 cases if the worker was injured, if inadequate warnings were the cause, and how to apportion any damages among the chemical companies.
