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Pymm Thermometer

Description

Rodriquez suffered medical harm from mercury poisoning in the form of permanent brain damage from exposure in excess of the allowable limit due to working in an unventilated basement of a thermometer manufacturing facility, specifically from feeding broken thermometers into a glass crushing machine as part of the off-book mercury reclamation operation. Pymm Thermometer and Pak Glass Machinery operated out of the same building, with Pymm occupying the second floor and Pak the first floor. Pymm was primarily manufacturing thermometers, but was also involved with reclaiming mercury from broken thermometers. The operation was in the cellar of the building, which could only be accessed from a separate door outside the building, not the main entrance. Pak Glass manufactured, services, and repaired the machinery used by Pymm. In January 1981, workers complained to OSHA about conditions at the facility. State and OSHA inspectors found the workplace contaminated with mercury and found that workers were not provided protective masks. OSHA issued serious violations and assessed a $1400 fine. In 1984, the NY City Health Department was informed by a local doctor that he had found elevated mercury levels in a worker at the facility. The Health Department conducted an inspection and testing, and found similar results. In October 1985, a worker tipped off OSHA about operations in the basement, which turned out to be a dangerous, off-book mercury reclamation operation that began in 1983. After being tipped off, mercury levels in excess of five times those permitted by OSHA were measured. Rodriguez was not initally given a respirator, and when he was, he was to share a single respirator with another employee.

Prosecutors

District Attorney Elizabeth Holtzman; Attorney General Robert Abrams

Incident Type

Chemical Exposure

County

Brooklyn

State

New York

Date

June 8, 1908

Available case materials include

  • Case/Court Decisions
  • Media Clips & Gov't. Press

Contact for Additional Information

Unavailable

Victims

First Last Age Title Employer Injury Type
Vidal Rodriquez Unavailable Unavailable Pymm Thermometer Injury

Defendants

Name Type Title Plea Information Conviction Sentence
Pymm Thermometer Corp. Entity Entity Pleaded guilty to assault Convicted by jury on all charges. The Supreme Court, Kings County, granted a motion by the defendants to set aside the jury verdict. On appeal, the Supreme Court, Appellate Division, reversed and the case was remitted.
Penal Crimes Charged

First Degree Assault; Second Degree Assault; Reckless Endangerment; Fifth Degree Conspiracy to Falsify Business Records; First Degree Falsifying Business Records

Other Crimes Charged

Unavailable

Pak Glass Machinery Corp. Entity Entity Unavailable Convicted by jury on all charges. The Supreme Court, Kings County, granted a motion by the defendants to set aside the jury verdict. On appeal, the Supreme Court, Appellate Division, reversed and the case was remitted.
Penal Crimes Charged

First Degree Assault; Second Degree Assault; Reckless Endangerment; Fifth Degree Conspiracy to Falsify Business Records; First Degree Falsifying Business Records

Other Crimes Charged

Unavailable

Edward Pymm Jr. Individual Vice President and Plant Manager, Pymm Thermometer Corp. and Pak Glass Machinery Corp. Pleaded guilty to falsifying business records Convicted by jury on all charges. The Supreme Court, Kings County, granted a motion by the defendants to set aside the jury verdict. On appeal, the Supreme Court, Appellate Division, reversed and the case was remitted. On remit, ordered to serve six months of weekends in jail and $10,000 fine. The time was served. An Appellate Division panel overturned the conviction and ordered a retrial. At retrial, agreed to pay Rodriguez $30,000.
Penal Crimes Charged

First Degree Assault; Second Degree Assault; Reckless Endangerment; Fifth Degree Conspiracy to Falsify Business Records; First Degree Falsifying Business Records

Other Crimes Charged

Unavailable

William Pymm Individual President, Pymm Thermometer Corp. and Pak Glass Machinery Corp. Pleaded guilty to falsifying business records Convicted by jury on all charges. The Supreme Court, Kings County, granted a motion by the defendants to set aside the jury verdict. On appeal, the Supreme Court, Appellate Division, reversed and the case was remitted. On remit, ordered to serve six months of weekends in jail and $10,000 fine. The time was served. An Appellate Division panel overturned the conviction and ordered a retrial. At retrial, agreed to pay Rodriguez $30,000.
Penal Crimes Charged

First Degree Assault; Second Degree Assault; Reckless Endangerment; Fifth Degree Conspiracy to Falsify Business Records; First Degree Falsifying Business Records

Other Crimes Charged

Unavailable