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Oct. 10 Closings: Dole Food Company Inc. And The Dow Chemical Company Face A First-time Jury Verdict In Sterility Lawsuit, By Juan J. Dominguez, APLC

Sterility Lawsuit Filed By 12 Foreign Banana Plantation Workers For Exposure To The Chemical Pesticide Called DBCP: Closing Arguments Are Expected To Begin On October 10, 2007, In Los Angeles Superior Court

Final closing arguments in Tellez, et al., v. Dole Food Company, et al, the first sterility case amongst thousands of other similar sterility cases awaiting adjudication in the United States from foreign Plaintiffs - plantation workers, against Defendants - U.S. multinational corporations, is set to begin on October 10, 2007. After final arguments, the case will be submitted to the jury for deliberation and decision. Several thousand more claims by foreign plantation workers with similar sterility complaints are pending before the same judge, Honorable Victoria G. Chaney of the Los Angeles Superior Court. Thousands more are awaiting their day in court in other countries.

This is the Bell-Wether Case for Thousands More Filed Sterility Lawsuits.

In the 1950's and 1960's, both The Dow Chemical Company ("Dow") and Shell Oil Company conducted tests on animals and published scientific studies showing that exposure to the chemical pesticide dibromochloropropane ("DBCP"), caused sterility and damage to the testes of every species tested. Dole Food Company, Inc. ("Dole") received warnings about the dangers of DBCP in the 1960's and 1970's but did not inform the field workers who worked in the DBCP-treated fields of the banana plantations nor provide protective clothing. In 1977, workers exposed to DBCP at a production plant in Lathrop, California, were found to be sterile.

California banned the use of DBCP in 1977. Dow recalled all of its DBCP stock from its customers in the United States and stopped manufacturing it in 1977. In the same year, Dole threatened to sue Dow for breach of contract if Dow did not continue to supply Dole with DBCP. In 1978, Dow and Dole executed an indemnity agreement to hold Dow harmless and protect Dow from personal injury claims that may arise by injured workers or other "third parties" exposed to DBCP. Dow then sold all of its remaining and recalled DBCP (500,000 gallons) to Dole. Dole then continued to use DBCP in its foreign divisions, including Nicaragua.

Plaintiffs' contend:

(1) DBCP should have never been manufactured or marketed due to its testicular toxicity
(2) DBCP was used carelessly and in disregard for the health and safety of workers
(3) Dole fraudulently concealed the dangers from the plantation workers

There are thousands of sterility plaintiffs' cases pending in Los Angeles Superior Court, filed by plantation workers from Central America, including Nicaragua, Honduras, Costa Rica and Panama. Several hundred more cases are from African workers.

Several plaintiffs' law firms represent separate groups of plaintiffs. The law firms of Miller, Axline & Sawyer and Juan J. Dominguez, APLC represent the Plaintiffs in the Tellez case, which are the lead Plaintiffs in the United States .

For additional information, contact Ivonne Rodriguez at the Law Offices of Juan J. Dominguez, APLC at (800) 818-1818 x 128.
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   Ms. Ivonne Rodriguez
   Law Offices of Juan J. Dominguez
   LOS ANGELES,    CA,    90010
   USA
   (800)818-1818x128 (phone)
   213-388-9540 (fax)
   Irodriguez@juanjdominguez.com