Bird Infestation at Workplace Leads to Tort Lawsuit and Diagnosis of Histoplasmosis

In a shocking turn of events, an employee filed a tort lawsuit against his former employer. He alleges that the bird infestation and bird feces accumulation in his former workplace were substantial factors that caused his histoplasmosis. The lawsuit has brought to light the dangers of unsanitary working conditions which have the potential to cause severe health problems.

Flocks of migrating swallows plagued the facility, roosted under the roof of an open pole barn, and left sizable accumulations of bird feces. Despite attempts by the owner to get rid of the birds, including bringing in a falcon, the infestation persisted. The accumulation of bird feces posed a significant health risk to the employees, including the plaintiff.

Employee’s diagnosis of histoplasmosis and resulting impairments

Sometime after ending his work at the facility, the plaintiff received a diagnosis of histoplasmosis, a fungal infection which had spread to his brain and led to permanent impairments. The diagnosis left the plaintiff with mounting medical bills and significant physical and emotional damage.

The defendants objected to the declarations of two of the plaintiff’s expert witnesses: an expert in infectious diseases who was also the plaintiff’s treating physician, and an expert in occupational safety and health and standard of care. The defendants claimed that the expert witness statements were speculative and should not be admissible in court.

Granting summary judgment and excluding expert witness declarations

Despite the objections, the trial court granted summary judgment in the defendants’ favor and excluded the declarations of the plaintiff’s two experts. However, this ruling has since been challenged.

Ruling by the California Court of Appeal, Fifth District

In a ruling that has set a precedent for similar cases, the California Court of Appeal for the Fifth District reversed the judgment and returned the case to the trial court for more proceedings. The appellate court ruled that summary judgment was improper because the plaintiff raised a material factual issue that should be subject to a trial regarding whether there was a reasonable medical probability that the conduct of the facility’s owner, relating to the birds and their feces, was a substantial factor that caused his illness.

Testimonies from Braaten’s employees regarding workplace conditions

Apart from the plaintiff, a number of Braaten’s employees gave testimonies as evidence of the working conditions at the nut facility at that time. These testimonies included accounts of how the bird infestation had been a long-standing issue that was never adequately addressed.

Material factual issue raised by the plaintiff and the need for a trial

The appellate court ruled that there was a material factual issue raised by the plaintiff, which required a trial. The trial would determine whether the conduct of the facility’s owner regarding the bird infestation and feces accumulation was a substantial factor that caused the plaintiff’s histoplasmosis. The expert witness declarations should be considered, and the trial court should not have excluded them as speculative.

The facility’s owner made ineffective attempts to get rid of the birds

The story of the lawsuit’s resolution serves as a cautionary tale for business owners who may not be taking the health and safety of their employees seriously enough. In this case, the owner of the facility brought in a falcon in an attempt to get rid of the birds, but this did not have much of an effect. All too often, it takes a lawsuit before some business owners take the necessary steps to ensure that their workplaces are safe and healthy environments for their employees.

The lawsuit serves as a reminder of the importance of addressing any workplace hazards promptly, particularly those related to unsanitary conditions. Employers must pay close attention to employee complaints and make quick decisions to ensure that their workplaces are safe and healthy environments free of any hazards that might affect the health and well-being of their employees.

Explore more

Is Your Marketing Ready for the AI Revolution?

The subtle, yet seismic, shift in digital landscapes means that a company’s most valuable customer is no longer found through intuition but is instead pinpointed by a complex algorithm working silently in the background. This transformation has moved beyond theoretical discussions and into the core operational mechanics of the global marketplace. For businesses striving for relevance and growth, understanding this

Is Your Worst Touchpoint Sabotaging Your Marketing?

Countless organizations dedicate substantial financial and creative resources toward crafting visually stunning and precisely targeted digital campaigns, yet many watch in dismay as potential customers vanish moments after the initial click. This abrupt departure is not a failure of attraction but a breakdown in experience. In the landscape of digital commerce, the bridge between a compelling advertisement and a successful

What Is the True ROI of Employee Engagement?

In the relentless pursuit of market advantage and financial stability, many organizations overlook the single most potent and renewable resource they already possess: the latent potential of their workforce. As businesses navigate a landscape of constant disruption, the prevailing wisdom often points toward external solutions for growth, such as new market entry or technological acquisition. However, a more sustainable and

AI Transforms Business Intent Into Network Reality

The sheer scale and dynamism of contemporary digital infrastructure, where thousands of devices across data centers and clouds must adapt in real-time, have rendered the traditional command-line approach to network management an exercise in futility. In its place, a new paradigm is solidifying, one where artificial intelligence acts as the central nervous system, translating high-level business objectives directly into the

Is Your Payroll Ready for the Coming Reckoning?

A storm is gathering on the horizon for Australian human resources professionals, threatening to capsize organizations that fail to navigate the turbulent waters of legislative change. For years, many have relied on a patchwork of outdated systems, manual processes, and siloed data to manage payroll and HR compliance, a practice that is rapidly becoming untenable. The impending shift is not