Asbestos News Roundup: 8.19.11

August 19th, 2011. 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.

Asbestos Lawsuits

Jefferson County, TX: The family of the late James Lee Purks has filed a second asbestos lawsuit, this time naming 18 companies as defendants. While the first lawsuit focused solely on Texaco for allegedly exposing Purks to asbestos, the second lawsuit focuses on the distributors of the asbestos products James Purks worked with. The lawsuit states “As a result of his exposure, James Purks developed an asbestos-related disease, lung cancer, and died on April 20, 2011”

Patricia, Robert, Gary and Bryan Purks filed two lawsuits on behalf of the deceased Mr. James Lee Purks, who worked as a pipefitter at Texaco for 27 years.

Named defendants in the suit are: Amtek, Bechtel, Crown Cork & Seal, D&F Distributing, Dana Companies, Flour Enterprises, Flour Maintenance, Foster Wheeler Constructors, Foster Wheeler Corp., Foster Wheeler Energy, General Electric, Goulds Pumps, Henry Vogt Machine, Ingersoll Rand, Owens Illinois, Riley Power, Union Carbide and Zurn Industries.

The lawsuit alleges the defendants conspired to mine, manufacture and distribute asbestos products without warning workers, such as James Purks, of the dangers. The Purks family is suing for exemplary and punitive damages. (SETexasRecord)

Jefferson County, TX: The children of the late Thaddeus Alpough have filed suit against their father’s former employer, Chevron USA, alleging the company exposed him to asbestos.

Mary Alpough and her siblings filed the lawsuit August. 16 alleging that the late Alpough worked at Chevron’s Port Arthur refinery as a boilermaker helper and pipefitter—occupations that exposed him to asbestos dust and fibers. The lawsuit states “As a result of such exposure, Thaddeus Alpough developed asbestos-related pleural disease, lung cancer and then gastric cancer, for which he died a painful and terrible death on May 7, 2010.”

The Aplough family asbestos lawsuit accuses Chevron of knowing that asbestos products could cause cancer but still chose to expose workers, such as their father.

The Alpough family is suing for punitive and exemplary damages. (SETexasRecord)

Asbestos Settlements

New York, NY: Separate verdicts totaling $32 million and more than $19 million were awarded on August 17 in cases involving individuals who contracted asbestos mesothelimoa after being exposed to asbestos.

In the case of Ronald Dummitt and Doris Kay Dummitt v. A.W. Chesterton, et al., a jury found Crane Co. and Elliott Turbomachinery Co., responsible for the asbestos exposure that led to a U.S. Navy boiler tender’s diagnosis of pleural mesothelioma, an incurable form of cancer.

In returning its verdict, the jury determined that Crane and Elliott acted with a reckless disregard for the safety of others in failing to warn. The jury apportioned 99 percent responsibility to Crane and 1 percent responsibility to Elliott. The award included $16 million in past pain and suffering and $16 million in future pain and suffering to Mr. Dummitt.

In the case of David Konstantin and Ruby Konstantin v. 630 Third Avenue Associates, et al., the jury found Tishman Liquidating Corporation, formerly known as Tishman Realty & Construction, Co., Inc., responsible for Mr. Konstantin developing mesothelioma of the tunica vaginalis, one of the rarest forms of cancer in the world. Like all cases of mesothelioma, this form of the disease is not curable.

The jury found Tishman 76 percent liable and to have acted with reckless disregard for the safety of others. The jury awarded Mr. Konstantin $7 million for past pain and suffering, and $12 million for future pain and suffering. The verdict amount also included $64,832 for past lost wages, and $485,325 for future lost wages.

Both trials lasted nine weeks and were presided over by the Honorable Joan Madden. (digitaljournal.com)

Tags: Asbestos, Asbestos Mesothelioma, asbestos_mesothelioma

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