Uriarte

BACKGROUND

According to the allegations of the operative first amended complaint, from approximately 2004 to 2008 Uriarte worked as a sandblaster for Lubeco, Inc. He filed suit against Scott, Simplot, and numerous other defendants, alleging claims for negligence, negligence per se, strict liability for failure to warn, strict liability for design defect, fraudulent concealment, and breach of implied warranties. All of the named defendants allegedly supplied sandblasting media to Lubeco. When Uriarte and his coworkers at Lubeco used that sandblasting media in the manner intended by the media‟s manufacturers and suppliers, such use allegedly “resulted in the generation and release of toxicologically significant amounts of toxic airborne fumes and dusts,” which Uriarte “was thereby exposed to and inhaled.” Uriarte alleges that, “[a]s a direct result of said exposure,” he “developed interstitial pulmonary fibrosis and other consequential injuries,

2 which will require extensive medical treatment, hospitalizations, and organ transplantation as the disease progresses.” In the “Product Identification” section of his complaint, Uriarte alleged that Scott supplied two kinds of…