Santiago

Plaintiffs Herbert Neal Cloud (Cloud) and Judy Santiago, individually and as administratrix of the estate of Jose Santiago (collectively appellants), appeal from a judgment entered for defendant Firestone Tire & Rubber Company (respondent or Firestone) on a second special verdict finding that respondent did not know that Cloud and Santiago had suffered bone marrow injury caused by their employment. Appellants contend that the court erred in failing to declare a mistrial after the jury deadlocked on the first special verdict question, and that the court erred in its instructions on the nature of the injury the jury was required to find (bone marrow injury); the standard of proof for fraudulent concealment under Labor Code section 3602, subdivision (b)(2); and the employer’s duty to disclose work-related injury. We find no error and affirm the judgment.

Procedural Background

Santiago and Judy Santiago filed a complaint on January 30, 1985, for compensatory and exemplary damages for personal injury and loss of consortium. The complaint alleged that while Santiago was employed at respondent’s Salinas plant, he was exposed to benzene and benzene-containing chemical…