“The stone industry has known of the fibrogenic hazards of stone for millennia, and such hazards have been sentient to modern stone industry since at least the early 20th century,” Madrid states in the complaint. “The industrial workplace that emerged with the turn of the century exacerbated workers’ exposure to stone dust through the introduction of high-speed drills and power tools that replaced hand instruments like chisels.”
The lawsuit indicates Caesarstone, Color Marble and other manufacturers each had information in their possession since at least 2014, which clearly indicated that countertop cutters working in close proximity to their products faced a particularly serious risk. However, they did not label their fabricated stone products with information about the health or safety hazards, and actively suppressed information about the risk that countertop cutters may be diagnosed with silicosis, according to allegations in the complaint.
Madrid indicates that at various times throughout his career he was exposed to silica dust from Caesarstone quartz surfaces and Colorquartz surfaces sold by Color Marble, including marble slabs, granite slabs, quartz slabs and travertine slabs.
“The toxins that entered Leonel H. Zamora Madrid’s body were each substantial factors in bringing about, prolonging, or aggravating the specific illnesses from which Leonel H. Zamora Madrid suffers, including silicosis, pulmonary fibrosis, and lung damage,” the lawsuit states.
Madrid presents claims of strict liability, negligence, misrepresentation, intentional tort, intentional failure to warn, concealment, and a claim of loss of consortium brought by his wife, Maria.