Another lawsuit filed against Daikin America’s Decatur plant

DECATUR, Ala. (WAFF) - WAFF’s investigating has turned up another lawsuit filed against Daikin America, a chemical plant in Decatur. The Daikin employee named in the lawsuit, Will Delashaw, is in the hospital trying to recover from chemical exposure.

According to his attorneys, he was exposed in the same incident that killed Daikin employee Wesley Rusk in August. Delashaw still doesn’t know what he was exposed to months later.

”They’re focused more so on saving money than they are on saving lives,” said lead council in this case, Kendall Dunson.

Families of two other alleged chemical exposure victims are also suing Daikin.

“He was doing his job along with two employees when they were exposed to some type of toxic chemical. They all three were injured and my client now is in the hospital fighting for his life,” said Dunson.

Rusk, the employee with Delashaw at the time of chemical exposure, died in August. Delashaw was initially transported to Decatur-Morgan Hospital, but ended up being transferred to UAB and remains in the ICU.

“He is on a list for a lung transplant and you know his life will be forever changed even if he pulls through this,” said Dunson.

Dunson says Delashaw is automatically entitled to workers comp. Dunson says if more responsibility is found aside from Daikin, that will be added to the lawsuit - like the manufacturer of the mystery chemical or the PPE.

“They were wearing their PPE however, whatever that chemical reaction was, the respirator and the PPE did not protect them obviously,” said Dunson.

Dunson says the lawsuit has been in the works for around a month, and he wants to put a stop to whatever is going on at this facility.

“Obviously you know some things not being done to where you have multiple incidents of these exposures and they’re leading to serious bodily injuries and or death, that’s a problem. You go to work to provide for yourself and your family. You don’t go to work to get killed or to get seriously injured,” said Dunson.

Daikin said they would not comment on pending litigation. Dunson says he wants to work with attorneys representing other Daikin victims, OSHA and even Daikin to ensure a tragedy like this, is the last time it happens.

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