Asbestos News Roundup: 5.16.13 – Wildfire Asbestos Exposure

May 16th, 2013. By LucyC

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

California Wildfire Asbestos Exposure

As wild fires devastate homes in southern California, many people will be faced with cleaning up and rebuilding, and may be at risk for asbestos exposure. Across California, asbestos was used heavily in many building materials up until the mid-1980s. If these asbestos containing materials are disturbed through renovations or demolitions, or become friable with age, the asbestos may become airborne and spread throughout a property. Eventually these asbestos fibers will settle and may contribute to dusts found in buildings. This puts people working or living in those buildings at risk for asbestos exposure, without their knowledge.

According to the U.S. Environmental Protection Agency (EPA), “Asbestos fibers may be released into the air by the disturbance of asbestos-containing material during product use, demolition work, building or home maintenance, repair, and remodeling.” The EPA goes on to report, “Exposure to asbestos increases your risk of developing lung disease. That risk is made worse by smoking. In general, the greater the exposure to asbestos, the greater the chance of developing harmful health effects.”

In 1987, asbestos was added to California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65. Prop 65 lists chemicals known to cause cancer, birth defects or other reproductive harm to people living in the state of California.

Asbestos Lawsuits

Charleston, WV: 67 companies have been named as defendants in an asbestos lawsuit filed by John B. Kenyon and his wife Peggy E. Kenyon. Diagnosed with bilateral pleural plaques on May 11, 2011, Mr. Kenyon alleges the defendants caused his lung injury by exposing him to asbestos.

The Kenyons’ lawsuit alleges Mr. Kenyon was exposed to asbestos and/or asbestos-containing products from 1964 until 2002, throughout his employment as an estimator, warehouse employee/delivery person and sales person.

Kenyon is suing the defendants for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.

Certain defendants are also being sued as premises owners and as Kenyon’s employers for deliberate intent/intentional tort, according to the lawsuit.

The 67 defendants include: 3M Company; 4520 Corporation Inc.; A.W. Chesterton Company; Aurora Pump Company; Bechtel Corporation; Borg-Warner Corporation; Brand Insulations Inc.; Buffalo Pumps Inc.; BW/IP Inc.; and CBS Corporation. (wvrecord.com)

Charleston, WV: On January 7, 2013, Jimmie Elliott Epling Sr, was diagnosed with asbestos mesothelioma. In his recently filed asbestos lawsuit, he and his wife, Ernestine Epling, name 56 companies they claim are responsible for his diagnosis.

The couple allege the defendants exposed Mr. Epling to asbestos and/or asbestos-containing products during his employment as an orderly, machinist and operator from 1952 until 2000.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn. Certain defendants are also being sued as premises owners and as Epling’s employers for deliberate intent/intentional tort.

The 56 defendants named in the suit include: 3M Company; A.W. Chesterton Company; Amdura Corporation; Bucyrus International Inc.; Buffalo Pumps Inc.; CBS Corporation; Caterpillar Inc.; Clark Equipment Company; Certainteed Corporation; and Cleaver Brooks Company Inc. (wvrecord.com)

Jefferson County, TX: Chevron has been named as a defendant in as asbestos lawsuit brought by the children of the late Nathan Guillory. Randall Guillory, Lindall Guillory and Beth Harper allege Chevron USA exposed their father to asbestos dust and fibers throughout the course of his employment with the oil company. As a result, he developed asbestos related diseases and died on May 23, 2011, the lawsuit states.

The lawsuit claims Chevron knew for decades that asbestos could cause cancer and still allowed workers to work around the mineral without warning them of the dangers. (setexasrecord.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma

This was posted on Thursday, May 16th, 2013 at 5:15 pm and is filed under Asbestos Mesothelioma . Feel free to respond, or trackback. Read our comments policy.