Asbestos News Roundup: 9.29.11

September 29th, 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

St. Clair County, IL: Craig Hirsch filed an asbestos lawsuit naming 41 defendant companies, who, he alleges, caused him to develop lung cancer after his exposure to asbestos-containing products.

Throughout his career Hirsch worked as a boiler tender for the U.S. Navy at the Chicago Training Center in Chicago from 1960 until 1962, as an operator at Ford Motor Co. from 1964 until 1966, as a repairman and operator at Ford Motor Co. from 1964 until 1966, as a repairman and operator at Detroit Diesel in Michigan from 1965 until 1983 and as a pipefitter for Consumers Power in Michigan in 1969, according to his lawsuit.

Hirsch claims that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for his safety. Consequently, he developed asbestos-related diseases, became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Moreover, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the plaintiffs claim.

In his five-count complaint, Hirsch is seeking a judgment of more than $50,000, plus punitive and exemplary damages of more than $150,000 and compensatory damages of more than $50,000. (madisonrecord.com)

Charleston, WV: A couple from Dublin, VA., is suing 92 companies alleging they are responsible for asbestos exposure leading to a diagnosis of lung cancer.

Edward Lewis Montgomery was diagnosed with lung cancer on January 3, according to the Montgomery’s asbestos lawsuit.

Mr. Montgomery alleges that during the course of his work as a machine operator, laborer, and insulator he was exposed to asbestos and/or asbestos containing materials. He also claims that the defendants were negligent in failing to protect him from the asbestos and/or asbestos containing products during his employment from 1952 until 2005, and consequently are responsible for his lung cancer.

The defendants are being sued based upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the lawsuit.

The 92 defendants named in the suit are: 3M Company; A.W. Chesterton Company; Ajax Magnethermic Corporation; American Electric Power; American Electric Power Service Corporation; Appalachian Power Company; Armstrong International, Inc.; Aurora Pump Company; Beazer East, Inc.; Bechlel Corporation; Brand Insulations, Inc.; Bucyrus International, Inc.; Catalytic Construction Company; Certainteed Corporation; Cleaver-Brooks, Inc.; Columbus McKinnon Corporation; Crane Co.; Crown, Cork & Seal USA, Inc.; Dominion Virginia Power; Dravo Corporation; E.I. Dupont de Nemours & Co.; Eaton Electrical, Inc.; F.B. Wright; Flowserve US, Inc.; Fluor Corporation; Fluor Enterprises, Inc.; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company, Inc.; Geo. V. Hamilton, Inc.; Georgia Pacific Corporation; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Hoechst Celanese Corporation; Howden North America, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; International Paper Co.; ITT Corporation; J.H. France Refractories Company; Lockheed Martin Corporation; Mallinckrodt, LLC; Manitowoc Cranes; McJunkin Corporation; Meadwestvaco Corporation; Metropolitan Life Insurance Company; Milwaukee Crane & Equipment Company; Morgan Engineering Systems, Inc.; Nagle Pumps, Inc.; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; O.C. Keckley Company; Oakfabco, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Premiere Refractories, Inc.; Rapid American Corporation; Reading Crane and Engineering Company; Riley Power Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric; Spirax Sarco, Inc.; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc.; the Alliance Machine Company; the Gage Company; the William Powell Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; United McGill Corporation; US Steel Corporation; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; Virginia Electric and Power Company; Weil-McLain Company; Weyerhaueuser Company; WT/HRC Corporation/ Whiting Corporation; Yarway Corporation; and Zurn Industries, Inc. (WVRecord)

Charleston, WV: A woman from Ironton, Ohio, is suing 74 companies she alleges caused her late husband’s cancer and subsequent death.

Herold Leonydus Smith was diagnosed with laryngeal cancer in August 2005. He died from the disease on September 5, 2009, according to the lawsuit. His widow, Constance J. Smith claims in the suit that Mr. Smith was employed as a roundhouse worker and a laborer, maintenance foundry worker and rigger by C&O and AK Steel from 1949 until 1985.

The defendants are being sued based upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the lawsuit.

The 74 companies named as defendants in the suit are: 3M Company; 4520 Corporation, Inc.; A.K. Steel Corporation; A.W. Chesterton Company; Allied Chemical Corporation; Amdura Corporation; Aurora Pump Company; Brand Insulations, Inc.; BWIP, Inc.; Byron Jackson Pumps; Catalytic Construction Company; Caterpillar Inc.; Certainteed Corporation; Columbus McKinnon Corporation; Cleaver-Brooks, Inc.; Crane Co.; Dravo Corporation; Flowserve US, Inc., f/k/a Flowserve FSD Corporation; Flowserve US, Inc., f/k/a Durco International, Inc.; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company, Inc.; Georgia-Pacific, LLC; Gordon Gasket & Packing Co.; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell, LLC; Hercules, Inc.; Honeywell International; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Morgan Engineering Systems, Inc.; Nagle Pumps, Inc.; National Services, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pettibone/Traverse Lift, LLC; Premiere Refractories, Inc.; Rapid American Corporation; Reading Crane; Riley Power, Inc.; Ross Brothers Construction Co.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc.; the Alliance Machine Company; the F.D. Lawrence Electric Company; the William Powell Company; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; Uniroyal Holdings, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump Company; Vimasco Corporation; West Virginia Electric Supply; WT/HRC Corporation; Yarway Corporation; and Zurn Industries, Inc. (WVRecord.com)

Asbestos Settlements

New Orleans, LA: A jury in Orleans Parish Civil District Court has ruled that three companies are liable for $7.55 million in damages for exposing former employee Thomas Kenney to asbestos. Kenny has been diagnosed with malignant asbestos mesothelioma.

Mr. Kenney sued Rexam Beverage Can Co., John Crane Inc and Haveg Inc, among others, claiming that he was exposed to asbestos while working in a canning factory and a refinery in the 60s and 70s.

The jury hearing his case found John Crane, Rexam and Haveg liable for Kenny’s asbestos exposure and Rexam liable for the dangerous levels of asbestos, which was found at its canning factory in New Orleans’ Mid-City neighborhood. The old canning factory has since been refurbished and converted into an apartment complex.

John Crane was found liable for manufacturing asbestos-containing pipes, which were used in the refinery where Kenney worked. (Louisianarecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Settlement, asbestosis, asbestos_mesothelioma, mesothelioma

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