Silicosis Lung Transplant Lawsuit Filed By Former Stone Cutter, Countertop Installer

Raul Ruiz Gutierrez has worked for nearly 35 years as a countertop cutter, fabricator and installer, but says he was never warned about the long-term risks of inhaling silica dust from artificial stone products, or provided instructions about steps that could be taken to avoid destroying his lungs.

According to allegations raised in a complaint (PDF) filed in the California Superior Court of Los Angeles on November 22, Gutierrez was diagnosed that same month with silicosis, an irreversible and often deadly respiratory condition linked to breathing in silica dust released by quartz or artificial stone countertops.

As a result of the condition, Gutierrez indicates that he will likely require a lung transplant, and has brought the lawsuit against a number of companies that manufactured or distributed products that he regularly worked with, including Artisan Tile & Stonework, Caesarstone USA Inc., Lyons Marble Inc., M S International LLC, Pacific Shore Stones LLC, Pacific Design Center Inc., Pacific Stone Design Inc., Pacifica Tile & Stone Inc., Royal Tile and Stone LLC, and Universal Granite & Marble Inc.

Often referred to as “engineered stone”, the fabricated stone countertops produced by these companies have been linked to a significant silicosis risk for workers, who often inhale large volumes of silica dust as they shape and cut the countertops to fit consumers’ kitchens and bathrooms.

As a result of the companies’ failure to provide workers with information about the risks and steps that can be taken to reduce exposure to silica dust, Gutierrez’s case joins a growing number of similar silicosis lawsuits now being pursued by former kitchen countertop installers and stone cutters throughout the U.S.

Gutierrez indicates that he worked as a fabricator and installer from 1990 until earlier this year, in Huntington Beach, Anaheim and Santa Ana, California. During that time, he indicates he inhaled silica, metal dust and other toxic substances generated by the stone products he worked with.

“As a direct and proximate result of his exposure to silica, metals, and other toxins within said stone products manufactured, distributed, supplied, contracted, and/or brokered by Defendants, Plaintiff Raul Ruiz Gutierrez developed lung disease characterized by silicosis and other forms of lung damage, and therefore has a significantly increased risk of developing other silica-related diseases such as lung cancer, chronic kidney disease, and autoimmune disorders such as rheumatoid arthritis, systemic lupus erythematosus, and systemic sclerosis,” the lawsuit states. “As a direct and proximate result of his exposure to silica, metals, and other toxins within said stone products manufactured, distributed, supplied, contracted, and/or brokered by Defendants, Plaintiff Raul Ruiz Gutierrez has had to receive substantial medical treatment and will likely require lung transplantation.”

Gutierrez indicates he was just diagnosed with silicosis in November 2024. Before then, he had never been told he was inhaling toxic particles or was at risk of silicosis, the lawsuit claims.

However, the complaint alleges that manufacturers have known that silicosis is a threat to countertop fabricators for decades, with concerns about the lung disease among workers first mentioned at a National Silicosis Conference in 1937.

Gutierrez indicates that fabricated stone products are still being sold and distributed without adequate warnings or information about steps that could be taken to eliminate or drastically reduce the risk of lung damage for countertop installers and cutters working  with the products.

Many workers, like Gutierrez, are just now learning about the risks associated with the artificial stone countertops, with their lawsuits alleging that manufacturers placed a desire for profits before the safety of workers by withholding critical warnings and information about their products.

He presents claims of negligence, failure to warn, design defect, fraudulent concealment and breach of implied warranties. His wife, Susana Martinez Soto, has filed a claim of loss of consortium.