Asbestos News Roundup: 8.16.12 – Electrician Asbestos Risk

August 16th, 2012. 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.

Electricians and Asbestos Risk

Electricians and electrical cable installers may not know it, but they are at risk for being exposed to asbestos through repair, demolition or installation work. This lethal, fibrous material was used in felted asbestos insulation or asbestos tape to insulate wiring. So working on old power lines, old wiring or breaker boxes would put electricians at risk for asbestos exposure. Older arc chutes also contain asbestos. It was used in circuit breakers, for example, before the mid-1980′s, when they were made of asbestos-containing plastic molding compound.

Recently, an asbestos lawsuit filed by six workers in Tennessee has made media headlines, because the workers were exposed to asbestos when dismantling outdated synchronous condensers, among other things.

Asbestos Lawsuits

Galveston, TX: The family of the late John B. Fielder has filed suit against several companies alleging the defendants are responsible for Fielder’s death from lung cancer two years ago.

The lawsuit asserts that El DuPont Nemours and Co., 4520 Corp., Foster Wheeler Energy Corp. and Zurn Industries LLC contributed to Fielder’s illness and eventual death on July 28, 2010. Fielder was employed by DuPont as a pipe fitter at the company’s facilities in La Porte from 1955 to 1961. The asbestos lawsuit asserts that during that time he was exposed to asbestos dust and fibers which resulted in his cancer.

The lawsuit states DuPont “was aware, or should have been aware, of the dangers associated with exposures to asbestos at the premises where the plaintiffs’ decedent worked.”

“Nevertheless, defendant DuPont failed to warn employees, invitees and contractors of the dangers associated with occupational exposure to asbestos and required employees, contractors and/or invitees such as the decedent to work with or in proximity to asbestos without the necessary precautions to avoid dangerous exposures,” the lawsuit states.

Foster Wheeler, Zurn and 4520 Corp. are faulted for manufacturing, selling, designing, supplying distributing, mining, milling, relabeling, reselling, processing, applying or installing insulation and machinery that was “poisonous and highly harmful.”

Asbestos Law

Seattle, WA: A landmark decision by the Washington State Supreme Court will allow many asbestos victims to pursue legal claims against respirator manufacturers and other equipment manufacturers who may have failed to provide adequate warnings about asbestos exposure.

The plaintiff in the case, Leo Macias, worked as a tool keeper in a shipyard in which asbestos was present. As part of his normal duties he cleaned and maintained respirators used by workers who were exposed to asbestos. Macias alleged that he was exposed as a result and developed mesothelioma. He filed suit against the Shipyard and the manufacturer of the respirators.

The respirator manufacturers moved for summary judgment claiming that the company had no duty to warn its customers about possible asbestos exposure because of standing precedent in two previous asbestos cases. The trial court denied the motion, but an appellate court reversed, sending the case to the Washington State Supreme Court.

In a hotly contested and widely-watched 5-4 decision, the court ruled in favor of Macias, distinguishing existing precedent from the case and rejecting the manufacturer’s motion for summary judgment.

The ruling is a landmark decision in asbestos litigation, according to Macias’ attorneys. The respirator manufacturers had argued that because their products did not contain asbestos, they were not responsible for Macias’ exposure.

However, the court’s majority opinion rejected their arguments, noting that, “The very purpose of the respirators would, of necessity, lead to high concentrations of asbestos (and/or other contaminants) in them, and in order to reuse them as they were intended to be reused, this asbestos had to be removed.”

The court has remanded the case back to the trial court, where it will proceed, with a trial scheduled for early 2013.

Tags: Asbestos, asbestos lawsuit, asbestos legal help, Asbestos Mesothelioma, Asbestos Settlement

This was posted on Thursday, August 16th, 2012 at 10:07 am and is filed under Asbestos Mesothelioma . Feel free to respond, or trackback. Read our comments policy.