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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

section serves

Citation
section serves
Parent Document
Patrick Blanks v. Fluor Corporation, 450 S.W.3d 308 (2014)
Jurisdiction
Missouri (state)
Effective Date
2014-09-16

Other Sections in This Document (3455)

Full Text

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47
   The “partner” verdict director for Fluor reads:
                  On the claim of plaintiff (--) for compensatory damages for personal injury
         against defendant Fluor Corporation, your verdict must be for plaintiff (---) if you
         believe:
                  First, defendant Fluor Corporation was a partner of the Doe Run Company
         Partnership, and
                  Second, while defendant Fluor Corporation was a partner of the Doe Run
         Company Partnership, the adjacent community of Herculaneum was contaminated with
         unsafe levels of lead which originated from the smelter operations, and
                  Third, at that time, defendant Fluor Corporation had information from which it,
         in the exercise of ordinary care, knew or should have known that the adjacent community
         of Herculaneum was contaminated with unsafe levels of lead which originated from the
         smelter operations, and
                  Fourth, defendant Fluor Corporation allowed plaintiff (---), a resident of
         Herculaneum, to be exposed to unsafe levels of lead which originated from the smelter
         operations before May 26, 1990, and
                  Fifth, defendant Fluor Corporation was thereby negligent, and
                  Sixth, such negligence directly caused or directly contributed to cause damage to plaintiff
                  (---).
48
   The “partner” verdict directors for Massey and DRIH were largely identical except for the particular
defendant’s name and the ending date of the particular defendant’s involvement in the partnership. The