A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.
Charleston, WV: Raymond Bittner, from Gibsonia, PA, has filed an asbestos claim in West Virginia, naming 88 defendant companies that, he alleges, are responsible for his asbestosis and colon cancer. In his suit, Bittner states he was diagnosed with colon cancer and asbestosis in October, 2010.
Bittner claims that his illnesses are due to his exposure to asbestos fibers and dust, which he inhaled over the course of his working life.
Bittner claims the defendants failed to advise him of the dangerous characteristics of asbestos and asbestos-related products; failed to provide him with the knowledge as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment; and failed to place warnings on their containers. Bittner is seeking compensatory and punitive damages.
The 88 defendants named in the suit are: Ajax Magnethermic Corporation; AK Steel Corporation; Allegheny Energy, Inc.; Allied Chemical Corporation; Allied Glove Corporation; American Electric Power Company, Inc.; American Electric Power Service Corporation; Appalachian Power Company; Armstrong International, Inc.; Armstrong Pumps, Inc.; Atlas Industries, Inc.; Bayer Corporation; Beazer East, Inc.; Brand Insulations, Inc.; Cashco, Inc.; CBS Corporation; Champlain Cable Corporation; Copes-Vulcan, Inc.; Crane Co.; Crown Cork & Seal Company; DeZurik, Inc.; Dravo Corporation; Durametallic Corporation; Eaton Corporation; Eichleay Corporation; Elliott Turbomachinery Company, Inc.; F.B. Wright Company; Fairmont Supply; Flowserve U.S., Inc.; Foseco, Inc.; Foster Wheeler Corporation; General Electric Company; George V. Hamilton, Inc.; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell, LLC; Hedman Resources Limited; Honeywell, Inc; Hunter Sales Corporation; I.U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand; Insul Company, Inc.; ITT Corporation; J.H. France Refractories Company; J.M. Foster, Inc.; Joy Technologies; M.S. Jacobs & Associates, Inc.; Mallinckrodt Group, Inc.; Marley Cooling Tower; McCann Shields Paint Company; McCarls, Inc.; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Milton Roy Company; Milwaukee Valve Company; Mine Safety Appliance Company; Minnotte Contracting Corporation; Monongahela Power Company; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Power; Ohio Valley Insulating Company; Owens-Illinois, Inc.; Plotkin Brothers Supply, LLP; Power Piping; PPG Industries, Inc.; Premier Refractories, Inc.; Riley Stoker Corporation; Safety First Industries, Inc.; Sealite, Inc.; Spirax Sarco, Inc.; Square D Company; Stockham Valves & Fittings; Tasco Insulation, Inc.; the Sager Corporation; Thiem Corporation; Townsend & Bottum, Inc.; Treco Construction Services; UB West Virginia, Inc.; Unifrax Corporation; United Conveyor Corporation; United States Steel Corporation; Vimasco Corporation; Washington Group International; and Yarway Corporation.
Billings, MT: According to court documents, the residents of the infamous asbestos mining town Libby, who are victims of asbestos contamination, are close to securing a $43 million settlement of allegations that state health officials failed to warn miners about the hazards of a deadly vermiculite mine, owned by WR Grace.
As a result of the decades of asbestos mining that took place in Libby, hundreds of people have been killed and thousands made gravely ill. In 2004, the Montana Supreme Court noted the Montana should have warned miners about hazards first identified by state officials in Libby in the 1950s.
According to a report by the Associated Press, 1,125 victims—possibly more—are considering a deal to release the state from liability in exchange for payments ranging from $21,500 to the $60,700 per claim.
Washington, DC: Renovations at DC’s Farragut North and Union Station Metro stops have turned up asbestos. Consequently, crews have been laboring during the ‘off hours’ to get rid of the deadly mineral, according to the transit agency. The remediation is expected to last until mid-April.
The asbestos-containing material was found in the jointwork of ducts in mechanical rooms, under platforms and above suspended ceilings, Metro spokesman Steven Taubenkibel said. Workers found the asbestos when removing ductwork at the two stations as part of a multiyear $177 million Red Line rehabilitation project.
According to the agency, airborne fiber concentrations are well below general industry standards, and have been since the work began. The agency has been conducting air monitoring in the affected areas. “Also, the locations are in areas that are not accessible to the public,” Taubenkibel said. “Riders should not be concerned as long as the joint materials are not disturbed,” he said. Additionally, the two stations’ air flow systems were also turned off before the work began so the particles do not circulate.
The asbestos was “securely embedded” in the gasket material that seals the sections of the duct together, he said. It would only become a concern if the gasket material was disturbed, he said. Instead, the remediation teams are cutting the ducts between the joints to avoid disrupting those areas.
“We will be checking at other stations before the HVAC systems are replaced but we don’t expect to see it at other stations,” he said. (Washington Examiner)
Pottsville, PA: Pottsville Area school board has voted to advertise for bids to complete an asbestos-removal project at D.H.H. Lengel Middle School. The goal is to remove chrysotile—a spray-applied acoustical insulation—from the ceilings of the three-story middle school, which was built in 1970. (republicanherald.com)
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.
Jefferson County, TX: An asbestos complaint has been filed by the son of Daniel Oney, who died on June 2, 2010, shortly after being diagnosed with lung cancer.
Ronald Oney filed his suit Feb. 25 in Jefferson County District Court, Under the Federal Employers Liability Act, The suit alleges that Daniel Oney’s employer, Kansas City Southern Railway Co, exposed him to asbestos from 1971 to 1994, while he was employed by the railway.
Daniel Oney was employed by KCSR and worked throughout Jefferson County, according to the lawsuit. During his employment, the suit alleges, he was exposed to asbestos and diesel exhaust, resulting in his being diagnosed with lung cancer on April 28, 2010. The suit alleges KCSR knew of the dangers yet still exposed workers to harmful substances.
The plaintiff is suing for his father’s alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs. (SETexas Record)
Olympia, WA: Spenser Abatement Services Inc., a Puyallup asbestos abatement company, has been cited by the Washington Department of Labor & Industries for several willful Read the rest of this entry »
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.
St. Clair County, IL: Four new asbestos lawsuits have been filed in St. Clair County by Mark Nuzzo, Gloria Hale, Marilyn Grapperhaus and Joseph and Mary Bayer.
Mark Nuzzo has named 55 defendant companies in his asbestos claim, alleging they caused his recently deceased wife, Robin Nuzzo, to develop mesothelioma. Robin Nuzzo, the suit claims, was exposed to asbestos-containing products through her father, who worked as an insulator, plant worker, home renovator and shade tree mechanic at various locations from 1968 until 1992, according to the complaint. After his work, Robin Nuzzo’s father would carry asbestos particles home on his clothing, thereby exposing his daughter to the toxic substance. The suit further claims that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for Robin Nuzzo’s safety.
Because of Robin Nuzzo’s death on July 22, 2009, her family incurred substantial funeral and burial expenses, according to the complaint. In his 16-count complaint, Mark Nuzzo is seeking a judgment in excess of the minimum jurisdictional amount, plus costs.
Gloria Hale, who also filed an asbestos lawsuit in St. Clair County, alleges the death of her husband, Franklin Hale, from lung cancer, resulted from his exposure to asbestos containing products. Mrs. Hale has named 45 defendant companies in her suit. Because of Franklin Hale’s Read the rest of this entry »
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.
Des Moines, IA: The supervisor of a renovation project in downtown Des Moines has pled guilty to the charges of illegal removal of asbestos from the landmark Equitable Building.
Russell Coco, 51, entered the plea as part of a plea agreement with the federal government. He had been indicted on 11 counts of illegal asbestos removal, conspiracy to impede and impair EPA procedures regarding safe asbestos removal, and violating work practice requirements of the Clean Air Act. The violations took place between 2005 and 2008. Developer Bob Knapp was also charged with illegal removal of asbestos.
Debra Scorpiniti, an assistant U.S. attorney, said during the hearing that the plea agreement calls for Coco to serve up to 12 months in prison and pay a fine of up to $250,000. He faces a maximum sentence of five years in prison and a $250,000 fine on each of the two counts.
Knapp, 62, whose businesses are not affiliated with Knapp Properties, remains scheduled for trial Feb. 28 on the 11-count indictment for illegal removal of asbestos. (Des Moines Register)
Westchester County, NY: School janitor, Norman Morey, who was fired for complaining about possible asbestos contamination at the school where he worked in northern Westchester, N.Y., is not protected from retaliation. That’s the ruling that was handed down by the 2nd Circuit court and upheld by the federal appeals panel recently. Morey was reportedly fired by Somers Central School District for complaining about fallen insulation.
Morey was head custodian at Somers Central High School, and a government employee. As part of his official duties he was responsible for cleaning up the insulation but not for complaining about it, apparently. The court concluded that his speech was not protected.
“The District Court correctly concluded that, on the evidence of record, any reasonable jury Read the rest of this entry »
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.
St. Clair County, IL: Anita Palmieri of Ohio has filed an asbestos lawsuit alleging that her husband’s death from asbestos-related disease was due to exposure to asbestos-containing products throughout his career.
In her suit, Mrs. Palmieri names 32 defendant companies, and alleges that these companies caused Carmine Palmieri Sr., to develop lung cancer. According to the lawsuit, Mr. Palmieri worked as a tile setter and brick layer from 1952 until 1980. Mrs. Palmieri claims that those defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for his safety.
As a result of his asbestos-related disease, Carmine Palmieri Sr. incurred medical costs and suffered great physical pain and mental anguish, the complaints says. Further, 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, his wife claims.
Because of Carmine Palmieri Sr.’s death, Anita Palmieri has been deprived of his society and support and incurred substantial funeral and burial costs, according to the complaint.
Mrs. Palmieri is seeking a judgment economic damages of more than $50,000, punitive and exemplary damages of more than $50,000, compensatory damages of more than $100,000 and punitive damages in an amount sufficient to punish the defendants, plus a judgment of more than $50,000 and other relief the court deems just. (Madison Record)
Charleston, WV: Mary C. Ross has filed an asbestos lawsuit naming 11 companies as defendants, and alleging that those companies are responsible for her late husband’s mesothelioma and subsequent death.
On October 18, 2010, Fred Ross, who was employed at DuPont Washington Works during his working career, died as a result of mesothelioma, according to a complaint.
Mrs. Ross alleges that the defendants caused her late husband to be continuously exposed to Read the rest of this entry »