Data Sheet (MSDS) for coravol warns against inhalation of the substance in vapor or mist form; states that the substance is corrosive to the respiratory system and can burn the respiratory tract; recommends the use of protective equipment, including an appropriate respirator; and recommends immediate medical attention if inhaled. In addition, the medical experts who testified in this case agreed that the cyclohexamine contained in coravol has a stimulant activity upon the heart that can cause elevated heart rates and arrhythmia.
The mechanic who responded to Mr. Kidder's inquiry on November 2, 2012, turned off the valve through which the coravol was leaking. However, when employee joined Mr. Kidder in the boiler room at about 8:30 a.m. on November 3, 2012, the two immediately noticed a strong, pungent smell. ${ }^{8}$ They investigated and discovered that the valve had begun leaking again, producing a constant spray of mist and liquid. An electrical panel had been blackened by exposure to the leaking coravol, and the concrete floor under the leak had been pitted and burned. Mr. Kidder again called a mechanic to address the issue. The mechanic put a bucket under the leak, then left to find parts to fix it.
Employee and Mr. Kidder had to perform much of their work within close proximity to the leak, as they were running wires to the unit that regulated the flow of coravol into the steam system. It was over 100 degrees Fahrenheit in the boiler room that day, and the work of running conduit and pulling wires was rather strenuous. While performing these duties on November 3, 2012, Mr. Kidder began to experience a headache, burning sinuses, and a raw/scratchy throat. Employee also suffered from a sore throat and burning sinuses, as well as an upset stomach. Owing to these symptoms and the strong and unpleasant smell of the coravol fumes, the two took a number of short breaks to go outside and get some fresh air. (These breaks were in addition to the two 15 minute breaks and 30 minute lunch break employer typically allowed.) At some point later in the day, a mechanic returned and shut off the valve supplying coravol to the steam system, but this did not occur until long after employee and Mr. Kidder had felt the effects of the fumes. Mr. Kidder and employee finished their work in the boiler room between 8:00 and 8:30 p.m. on November 3, 2012.
That night, employee was unable to eat his dinner owing to an upset stomach. The next morning, employee felt a little better, but his throat was scratchy and his sinuses remained sore. Though employee and Mr. Kidder had reported the leaking coravol, employer did not provide them with respirators, as recommended by the MSDS, or any other protective equipment to minimize the effects of the coravol fumes. Nor did employer send them to receive immediate medical attention, as recommended by the MSDS. Nor did employer have anyone fix the valve from which the coravol was leaking. Instead, employer sent employee and Mr. Kidder back into the boiler room.
[^0]
[^0]: ${ }^{8}$ We find the consistent testimony from employee and Mr. Kidder regarding their start time on November 3, 2012, to be more persuasive than any contrary indication from Exhibit 18, which appears to consist of computerized time records from employer. There was no testimony from any custodian of such records or any other witness to explain how Exhibit 18 was created, stored, or retrieved.
On November 4, 2012, employee and Mr. Kidder resumed their work in the boiler room at about 8:30 a.m. About three hours later, the strong smell of coravol returned. Once again, Mr. Kidder called a mechanic, who determined the leak was too serious to fix without shutting down the entire boiler system. For unknown reasons, this was not immediately done. Instead, employee and Mr. Kidder continued to work in the boiler room near the coravol leak. They again took periodic breaks to leave the boiler room and get fresh air, but continued to suffer the symptoms they'd experienced the previous day. Employee additionally developed a headache. At some point, the leak got worse and began spraying about 15 feet into the air. Because of this, and because the two felt they could no longer withstand the symptoms they attributed to inhaling the coravol fumes, they stopped working around 6:00 p.m., and left the boiler room, returning only briefly to retrieve their tools. ${ }^{9}$
It is unclear what employee did in the period between 6:00 p.m. and 8:40 p.m., as he has no memory of this time period, and there is no other evidence on the record to establish his whereabouts or activities. At approximately 8:40 p.m., employee appeared in the nurse's station on employer's premises, and asked to see the MSDS for coravol. He also requested Tylenol for his headache. Thereafter, employee visited a coworker, Chris Townlain, who had asked employee to show him something on the computer. Employee sat down in an office and waited for Mr. Townlain to return from other duties. At some point, employee fell out of the chair, and at around 9:00 p.m., his coworkers discovered him on the floor. Employee was not breathing, and had no pulse. Fortunately, there was a defibrillator machine available on employer's premises, and through the efforts of employee's coworkers, who performed CPR and administered the defibrillator, employee's heart started beating again before emergency medical personnel arrived.