Plaintiffs Allege Long-Term Toxic Exposure Against Fruit Importers

Richard J. Hughes Justice Complex
Richard J. Hughes Justice Complex
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A couple has filed a lawsuit alleging long-term exposure to toxic chemicals at their workplace, leading to severe health issues. The complaint was filed by Michael Hatty and Susan Hatty in the Superior Court of New Jersey, Camden County, against Western Industries-North, LLC and Gloucester Terminals, LLC on January 26, 2026.

Michael Hatty began working in the fruit import industry in 1998 with Del Monte at the Wilmington Port terminal in Delaware. His job involved handling fumigated fruits like grapes and apples. In 2001 or 2002, Del Monte moved operations to Gloucester Terminal in New Jersey where Hatty continued his work without additional training on fumigation processes. In 2003, Hatty suffered an Achilles tendon injury at Gloucester Terminal and later settled a negligence claim against them for $80,000. He resumed work around 2007 with Produce Services of America (PSA) at the same terminal but under different conditions where Western provided fumigation services using methyl bromide.

Hatty alleges that during his employment with PSA from 2007 to 2017, he was exposed to harmful levels of methyl bromide due to inadequate safety measures by both defendants. He claims this exposure led to neurological damage including muscle weakness and memory issues. His symptoms reportedly began in January 2017 with hand cramping and headaches escalating over time. Blood tests revealed elevated levels of bromide, prompting medical advice to cease working at the terminal.

The plaintiffs are seeking damages for negligence and loss of consortium due to the alleged failure of the defendants to ensure safe working conditions and adequate protection from chemical exposure. They also pursued punitive damages but were denied by the trial court which found no “wanton and willful disregard” by the defendants.

Representing Michael and Susan Hatty are attorneys Samuel I. Reich and V. Paul Bucci II from Laffey Bucci D’Andrea Reich & Ryan LLP. Defending Gloucester Terminals is Robert D. Fox from Manko Gold Katcher & Fox LLP while Walter F. Kawalec III from Marshall Dennehey PC represents Western Industries-North LLC. The case is presided over by Judges Sabatino, Natali, and Bergman under docket number A-3914-23.

Source: A391423_Hatty_v_Western_Industries_North_LLC_Opinion_New_Jersey_Superior_Court_of_Appeals.pdf


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