Cargill Opposed To Consolidation Of Suits
US - Cargill has joined Cal-Maine in opposing the consolidation of lawsuits alleging chicken litter causes cancer and other problems when spread as fertilizer. Filed Thursday, Cargill, like Cal-Maine earlier this week, contends claims made in the various lawsuits are not the same.Both companies say Keith and Patsy McWhorter's claims on behalf of their late son, Hunter, specifically allege injuries from exposure to mold and fungi allegedly caused by chicken litter exposure -- not arsenic.
The McWhorter's want their case combined with a lawsuit involving specific allegations of arsenic exposure.
If the McWhorter case is consolidated with one of the arsenic cases, as requested, it would sow confusion and prejudice Cargill and Cal-Maine by improperly lumping the companies in as a defendant with one of the arsenic cases, they claim.
The McWhorters' motion to consolidate said the cases share similar claims and should be merged for judicial economy. Cargill maintains judicial economy would not be served.
14 February 2005
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