Asbestos News Roundup: 5.13.10

May 13th, 2010. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. 

Asbestos Lawsuits 

Charleston WV: Forty companies have been named as defendants in an asbestos lawsuit filed by Pamela S. Massie and William D. Kautz. The couple allege that the defendants were responsible for Dale M. Kautz’s asbestos mesothelioma and resulting death: he was diagnosed with mesothelioma on May 1, 2008, and died on June 24, 2008.

Dale Kautz was non-smoker. He worked as a farmer, laborer and mechanic, and also worked on construction and maintenance on family farm from 1956 through to 2006. Among the numerous allegations, the suit claims that the defendant companies were negligent and provided contaminated buildings.

The 40 companies named as defendants in the suit are: A.O. Smith Corporation; A.W. Chesterton; Baldor Electric Company; Black & Decker (U.S.), Inc.; Borg-Warner Automotive, Inc.; Case IH Agricultural Equipment, Inc.; Caterpillar, Inc.; Clark Material Handling Company; Cleaver-Brooks Company, Inc.; Cooper Industries, LLC; Crane Co.; Eaton Electrical, Inc.; Farm Fans, Inc.; Flowserve US, Inc.; Ford Motor Company; Garlock, Inc.; General Electric Company; the Gorman-Rupp Company; Honeywell International, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; John Deere Company; Kalsey-Hayes Company; Lennox Industries, Inc.; Mat Holdings, Inc.; Metropolitan Life Insurance Company; Navistar, Inc.; New Holland, Inc.; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; the Goodyear Tire & Rubber Company; the Cincinnati Gasket, Packing & Manufacturing, Inc.; Uniroyal, Inc.; Valley Brook Concrete & Supply, Inc.; Viacom, Inc.; Westinghouse Electric Corporation; Vimasco Corporation; West Virginia Electric Supply Company; and Wheel Horse Products, Inc. (WV Record.com) 

Madison County, IL: A couple who filed an asbestos lawsuit in Madison County on May 3, have also filed an asbestos complaint six days earlier, on April 27^th, in St. Clair County. In the suit filed April 27^th, Glenn and Joyce Metzger of Othello, WA, named 59 defendant corporations, and the second suit is similar.

Both lawsuits allege that Mr. Metzger developed asbestos mesothelioma after his exposure to asbestos-containing products that were made by the defendant companies. He worked as an insulator at various sites from 1953 until 1989. The suit claims that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.

The couple allege that Glenn Metzger became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, all as a direct result of his asbestos illness.

Furthermore, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him. (Madison Record)

Charleston, WV: A couple in Fairmont have names 65 defendants in an asbestos-related suit, which alleges that James W. Dowdy developed lung cancer as a result of negligence on the part of the defendants, among numerous other charges.

Mr. Dowdy worked for Industrial Resources Inc, in Fairmont, from 1968 until 2009 as a steelworker and was diagnosed with lung cancer on November 1, 2009, according to the lawsuit.

The 65 defendants named in the case are: 3M Company; A.W. Chesterton; Ajax Magnethermic Corporation; Amdura Corporation; Aurora Pump Company; Beazer East, Inc.; Brand Insulations, Inc.; Caterpillar, Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; F.B. Wright Company; Fairmont Supply Company; Flowserve FSD Corporation; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; Garlock, Inc.; General Electric Company; General Refractories Company; George V. Hamilton, Inc.; Goulds Pumps; Honeywell International, Inc.; Howden Buffalo, Inc.; I. U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Industrial Resources, Inc.; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories Company; Joy Global, Inc.; Kelsey-Hayes Company; Manitowoc Company, Inc.; Metropolitan Life Insurance Company; Morgan Engineering, Inc.; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; P&H Mining Equipment, Inc.; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Reading Crane; Riley Power, Inc.; Rockwell Automations, Inc.; Schneider Electric USA, Inc.; Sterling Fluid Systems (US), LLC; Tasco Insulations, Inc.; the Gage Company; the Rust Engineering Company; Thiem Corp.; UB West Virginia, Inc.; Uniroyal, Inc.; Viacom, Inc.; and Yale Materials Handling Corporation. (WV Record)

Asbestos Law

William A. Berry & Son Inc., a contractor based in Danvers, Massachusetts, is facing a potential $136,000 fine by the Occupational Safety and Health Administration (OSHA), for 19 alleged violations of OSHA standards required for removal of asbestos-containing material at Beth Israel Hospital in Boston.

“Asbestos is well recognized as a health hazard since inhalation of asbestos fibers may lead to lung cancer and other diseases,” said Area Director Brenda Gordon. “OSHA standards are designed to minimize the risk of exposure and its potential impact on workers’ health, but they are effective only so long as employers adhere to them.”

The contracting company is facing a willful citation with a $55,000 fine for failing to establish a regulated work area. A total of 17 serious citations were issued for the remaining items and a single other-than-serious citation was levied for not providing OSHA logs in a timely manner. (Safety.BLR.com)

Tags: Asbestos, Asbestos Mesothelioma

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