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

What Does Copilot Actually Change for Your ERP Team?

The promise of total operational automation often vanishes the moment a finance director attempts to reconcile a complex discrepancy within a live enterprise resource planning environment. While the current year has seen an explosion in the accessibility of artificial intelligence, many organizations still struggle to find the line between marketing hype and tangible utility. For teams utilizing Dynamics 365, the

How Does Modern ERP Drive Manufacturing Efficiency?

A single delayed shipment or a minor equipment glitch can trigger a cascade of failures across a production line, turning a profitable shift into a logistical nightmare that erodes profit margins and damages customer trust. This fragility stems from a historical reliance on fragmented data sets and disconnected communication channels that fail to account for the speed of the contemporary

Howl Louder Debuts GEO Service for B2B AI Search Visibility

As the traditional search landscape fractures under the weight of generative AI models that provide direct answers instead of lists of links, B2B enterprises are finding that their legacy SEO strategies no longer drive the same volume of high-intent traffic to their landing pages. This shift toward answer-based search has created a vacuum where visibility is measured not by page

How Will Market Intelligence Redefine B2B Marketing in 2026?

The high-stakes negotiation for a multi-million dollar software enterprise contract no longer involves a handshake or a shared dinner, but rather a seamless digital handshake between two hyper-optimized algorithms. In this landscape, marketing to human executives has shifted significantly toward addressing autonomous procurement agents that analyze technical specifications with cold, calculated efficiency. The manual quarterly report and the reliance on

Microsoft Quietly Dominates the B2B Marketing Ecosystem

While the marketing world remained fixated on the volatility of consumer social media and search engine updates, a three-trillion-dollar giant was methodically re-engineering the very pipes of global commerce. With quarterly revenues hitting $90 billion—an 18% year-over-year increase—Microsoft has moved far beyond its legacy as a provider of operating systems and spreadsheets. It has quietly assembled a comprehensive marketing machine