My Personal Injury case against MPC Trucking Inc. and WR Grace & Co. has been sitting dormant because of the Workmen's Compensation Trial and other Reasons.

On January 21, 2000, MPC Trucking and WR Grace filed a Notice of Cross-Motion for Summary Judgement. They are basically asking the judge to dismiss the case due to "Res Judicata". Which means that they think that the decision of the Workmen's Compensation Trial should be upheld and that I should be awarded nothing. On the same day, they offered me a settlement or should I say they insulted me.

I don't understand how the judge can rule res judicata when the testimony of Mr. Gallagher does not match the letter he wrote to OSHA. Most of my doctors' testimonies were never heard at the Workmen's Compensation court. We were held to using only one doctor which limited the courts findings. By looking at the Workmen's Compensation Trial page, can you say that they gave me a fair trial? Especially, when the judge did not honor the agreement that was made and never responded to my letter.

In WR Grace's summary judgement, paragraph 6, reflects on the Brandywine Research Laboratory's report. WR Grace states, that none of these findings demonstrated a concentration of any substance that would constitute a "chemical health hazard". The problem with this is Brandywine Research Lab never stated whether the sweepings came from the trailer in question.

MPC Trucking has left many questions unanswered. The most important being, whether or not they had a Workmen's Compensation insurance carrier? In the letter from Mr. Kot to the judge of the Workmen's Compensation Court in Pennsylvania states, "MPC Trucking has provided Worker's Compensation insurance through the State Worker's Insurance Fund, policy number: 00279965-941. Coverage is obtained through our parent company, Monsey Products Company. Yet, the letter to the court from State Workmen's Insurance Fund states, "The State Workmen's Insurance Fund was not the insurance carrier for MPC Trucking Inc., PO Box 700, 1110 Route 113, Kimberton PA 19442 at the time of the alleged injury of 4-6-92 as stated on the claim petition."

Who was the insurance carrier at the time of the injury? Why didn't the insurance carrier of the time of the injury handle the Workmen's Compensation claim for that injury? Was State Workmen's Insurance Fund the insurance carrier for Monsey Products company in 1991 and through to the hearing?

Was WR Grace and MPC Trucking taking advantage of truckers , like myself, who didn't have the full information about their products? Did WR Grace and MPC Trucking feel that they could save a few dollars at the expense of a trucker's health.

Let's look at WR Grace's track record. In the early 1980's, WR Grace was involved in what is known as The Woburn Story, from which they have made a book and a movie both entitled, A Civil Action.

From 1963-1990, WR Grace operated a vermiculite mine and processing mill in Libby, Montana exposing the residents to the possible effects of asbestos. This became public in November 22, 1999.

Did WR Grace know that they compromised the people in Libby, Montana back in May 14, 1998 when Grace was considering Asbestos Insurance?

Evidently MPC Trucking and WR Grace feel that Social Security Disability should pay me for the rest of my life for the injuries I received at their hands. Do they think that Social Security Disability acts as Corporate Welfare to pay people that they disable?

The judge has not made a decision on this yet.