Asbestos News Roundup: 5.19.11

May 19th, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuits

Galveston, TX:  A widow who alleges her husband died from asbestos-related lung cancer has filed an asbestos claim naming Fort Worth & Denver Railroad Co., Burlington-Rock Island Railroad Co., Burlington Northern Railroad and Burlington Northern & Santa Fe Railway as defendants.

Elouise York claims that her husband, Ernest B. York Jr, was exposed to asbestos during his 40-years working for the predecessors of BNSF Railway and that he came into contact with “dusty” asbestos-containing products during that time. Further, the suit claims, Mr. York was not aware of the potential fatal health effects associated with asbestos, such as asbestos mesothelioma and asbestosis.  Mr. York Jr, died from lung cancer in November 2010, having been diagnosed in 2008.

Mr. York worked on the railroads from 1957 to 1998. According to the suit, he worked on steam and diesel engines which traveled and operated between terminals in Teague and Galveston as a brakeman and conductor. And, Mrs. York claims, her late husband’s duties and responsibilities exposed him to toxic substances including asbestos and asbestos-containing products.

“The decedent’s exposure to asbestos and other toxic substances is herein alleged for the special period of time commencing with the onset of the decedent’s railroad work through December 31, 1976,” the suit says.(SETexasRecord.com)

Jefferson County, TX:  Edgar and Mary Hemphill have filed an asbestos suit naming Chevron USA and nine other companies as defendants. The suit alleges that defendants exposed Edgar Hemphill to asbestos during his career as a carpenter.

According to the suit, Mr. Hemphill was exposed to asbestos dust and fibers while working as a carpenter on the defendants’ premises, and as a consequence, he now suffers from asbestos-related illness. The Hemphills allege that the defendants were aware of the dangers of asbestos products at the time, however they failed to warn laborers, like Hemphill, of those dangers.

The other defendants named in the suit include: Citgo, DuPont, ExxonMobil, Huntsman Petrochemical, Neches Butane, Mobil Chemical, Mobil Oil, Oxy USA, Texaco and Total Petrochemicals.

Mr. Hemphill is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs, and Mrs. Hemphill is suing for loss of consortium.

Jefferson County, TX: A petition to perpetuate the testimony of Ronald Decuir was recently filed in Jefferson County. Decuir alleges that he developed asbestos mesothelioma while working for Texaco, and being exposed to asbestos-containing products during that period.

The petition was filed by Shirley Decuir, Ronald’s wife, with Texaco listed as a possible defendant.

While the petition does not give dates of Decuir’s employment, it does state that he will most likely die from the asbestos mesothelioma, and that a wrongful death suit will be filed alleging Texaco negligently caused his death.

“Petitioner’s reasoning for desiring to perpetuate the testimony of Ronald Decuir is that his chances of recovering … are poor,” the suit states. “As a result, petitioner has good faith belief that a gross negligence, wrongful death lawsuit will be filed.” (SETexasRecord.com)

Commerce, TX: A New Orleans based management company is facing an asbestos lawsuit filed by the city of Commerce, alleging the Fountainbleau, which owns and manages Live Oak Apartments in the 2200 block of Live Oak Street, improperly disposed of asbestos debris during renovations. The asbestos was discovered three years ago in an apartment complex.

A fire destroyed the Live Oak Apartments in 2008. A company from Dallas, hired to report on the damage, allegedly found asbestos in the walls, ceilings and tile of the building. City representatives claim that proper disposal of the asbestos would have cost over $80,000 and that Fountainbleau cut corners with the asbestos disposal in order to save money. The multi-million dollar lawsuit claims that the Fountainbleau filled public dumpsters with asbestos-laden debris and buried the remainder in a hole behind the apartment building. According to a report on CBSDFWLOCAL.com, Richard Hill, Director of Homeland Security in Hunt County which oversees environmental enforcement, said that asbestos blew in the wind for years, and now the city is worried that the buried asbestos may have leeched into the water supply. “It’s a very bad situation,” Hill said. (CBSDFWLOCAL.com)

Tags: Asbestos, Asbestos Mesothelioma, asbestos_mesothelioma

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