Asbestos Mesothelioma Archive

Asbestos News Roundup: 9.26.13 – Construction Worker Asbestos

September 27th, 2013. 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.

Construction Materials Containing Asbestos

Many of the materials used in construction, including welding, pipe fitting, and millwright work, contained, or in some cases still contain asbestos. By the mid-20th century asbestos was being used in fire retardant coatings, concrete, bricks, pipes and fireplace cement, heat, fire, and acid resistant gaskets, pipe insulation, ceiling insulation, fireproof drywall, flooring, roofing, lawn furniture, and drywall joint compound.

It wasn’t until the 1980s that the knowledge of the dangers of asbestos exposure and related asbestos disease became more widely known amongst the general public. Consequently, millions of men and women likely worked on or around asbestos without any protection for decades.

It would not be uncommon for people to work with asbestos-containing products, either installing or removing them, which would send asbestos fibers into the air. The fibers are inhaled, and settle on people’s clothing—and that’s how asbestos disease begins. People who become ill from asbestos are usually exposed to it on a regular basis, hence the hundreds of asbestos lawsuits we are seeing now.

Asbestos Lawsuits

Riverton, KS: An employee of the Empire District Electric Company has filed an asbestos class action lawsuit alleging the defendant utility company exposed him to asbestos while he was working in the Riverton generating plant.

The coal-fired plant in Riverton was built in 1910, and used asbestos insulation, which was standard in those days. Although the plant has undergone upgrades over the decades it’s been in use, the asbestos has not been removed. In the lawsuit, Les Rider claims the insulation is not only common throughout the building but is also exposed and disintegrating. The asbestos class action claims that Empire District Electric Company knowingly exposed employees to asbestos and other hazardous materials. Specifically, the lawsuit states that Rider and other employees were “repeatedly assigned tasks that brought them into close contact with unreasonably dangerous concentrations of asbestos fibers.”

According to the lawsuit, Rider and other employees were instructed to dispose of various scrap materials that were excavated from the plant when the plant was being converted from coal to natural gas. Court documents show that plant manager Ed Eason said he “wanted these materials to disappear so that Empire personnel charged with environmental oversight would not find them. Mr. Eason further said he wanted ‘plausible deniability’ so that if these materials were found he would not be held responsible for their improper disposal.”

In the class action, Rider claims that as a result he and other employees are at risk for a “significantly higher risk of cancer” due to asbestos exposure. (sekvoice.com)

New Orleans, LA: Charles J. Carrone Sr. has filed an asbestos lawsuit against several defendants alleging they are responsible for his diagnosis of terminal asbestos-related lung cancer.

During his 30 years work at various companies, Carrone claims he was exposed to injurious levels of asbestos. Carrone worked as an electrician from approximately 1950 to 1979. In his lawsuit, he alleges he used, handled or was in the vicinity of others using or handling asbestos on United Fruit Company vessels at the New Orleans riverfront. He also claims he was exposed while working at Evans Cooperage, at Coca-Cola in the construction of a canning room and while pipefitters and insulators installed pipes insulated with asbestos. Carrone further claims his duties required that he start the boilers and perform maintenance, which he did for over 20 years in areas he states lacked proper ambient air filtration.

Negligence and strict liability action is sought against each of the defendants, who the plaintiff claims should not have designed, tested, evaluated, manufactured, handled, transported, installed, supplied and/or sold asbestos-containing products. Moreover, they should have disclosed critical medical and safety information, removed the hazards, supervised for proper safety procedure, mitigated the inhalation and transfer of the asbestos to the plaintiff’s home, and warned him about the known health hazards. Instead, the defendants ostensibly “ignored or actively concealed such information, or condoned such concealment, in order to sell asbestos or asbestos-containing products and to avoid litigation by those who were injured from asbestos inhalation.”

An undisclosed amount is sought for all medical costs or related expenses, lost earnings, mental suffering, anguish, pain, suffering, physical pain and suffering, loss of quality of life and disability.

The named defendants are: Asbestos Corporation Limited, Eagle Inc., Foster Wheeler Energy Corporation, McCarty Corporation, Maryland Casualty Company as insurer of Marquette Insulations Inc., Metropolitan Life Insurance Company, Owens Illinois Inc., Reilly-Benton Company, Taylor-Seidenbach Inc., General Electric, Boland Machine & Manufacturing Company Inc., Chiquita Brands International Inc., United Fruit Company, Coca-Cola Company, Evan Cooperage, Evans Industries Inc. and Evans Harvey Corporation. (louisianarecord.com)

Montgomery, PA: Fifty-three year old David Mermelstein, a resident of Willow Grove, PA, has been indicted on five counts of illegal asbestos removal. If convicted, the defendant faces a maximum possible sentence of 25 years imprisonment and a fine of $1.25 million.

According to the US Attorney’s Office for the Eastern District of Pennsylvania, the indictment alleges that from in or about September, 2009 through in or about April, 2010, Mermelstein hired day laborers instead of licensed asbestos contractors to remove asbestos from commercial property he owned at 10175 Northeast Avenue, Philadelphia. The indictment also claims Mermelstein directed the removal of asbestos by these laborers without safeguards required by federal law. The asbestos in question was contained in insulated pipes that ran throughout the building. Mermelstein had purchased the property, which is an old furniture warehouse, back in April 2001, according to the indictment.

“Mermelstein directed the workers to remove asbestos insulated pipes that were present at the Property, using techniques that included cutting, breaking and ripping the dry asbestos, allowing it to drop to the floor, sweeping asbestos containing dust and debris, and disposing of asbestos in the trash and in a dumpster,” the indictment states.

The case was investigated by the Environmental Protection Agency (“EPA”) and the City of Philadelphia’s Air Management Services. It is being prosecuted by Assistant United States Attorney Virgil B. Walker and Special Assistant United States Attorney Patricia Miller. The indictment charges Mermelstein with violating the federal Clean Air Act. (www.justice.gov/usao/pae)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Settlement, asbestosis, mesothelioma
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Asbestos News Roundup: 9.19.13 – Electrician Asbestos Risk

September 23rd, 2013. By AbiK

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, Boiler and Furnace Technicians Asbestos Disease 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.

Boiler technicians, sadly, are also at risk from materials in the workplace. According to the Environmental Protection Agency (EPA), insulation blankets (the outside covering or shell), door gaskets, duct insulation, and tape at duct connections of furnaces and boilers can all contain asbestos. Technicians who worked on repairing boilers and furnaces in the past would have been at risk for asbestos exposure.

Asbestos was used between 1930 and 1972 as high-temperature insulation for oil, coal, or wood furnaces, generally found in older homes. Steam and hot water pipes were insulated with asbestos-containing material, particularly at elbows, tees, and valves. Pipes may also be wrapped in an asbestos “blanket”, or asbestos paper (which looks very much like corrugated cardboard). Asbestos-containing insulation has also been used on and inside round and rectangular furnace ducts. Sometimes the duct itself may be made of asbestos-containing materials.

Asbestos Lawsuits

Charleston, WV: 37 companies are being sued by the daughter of recently deceased Clinton Pitzer, who was diagnosed with asbestos-related lung cancer on February 25, and subsequently died on March 5.

In her lawsuit, Tammy Timmons, alleges her father was exposed to asbestos and/or asbestos-containing products from 1954 until 1995 while employed as a coal miner, a manager/operator of a coal mine and a laborer.

Timmons is suing the defendants based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.

Certain defendants are also being sued as premises owners and as Pitzer’s employers for deliberate intent/intentional tort.

The 37 defendants in the suit include: Caterpillar Inc.; Crane Co.; Dravo Corporation; Eaton Electrical Inc.; Fairmont Supply Company; FMC Corporation; Foster Wheeler Energy Corporation; Genuine Parts Company; Goulds Pumps Inc.; and Grinnell Corporation. (wvrecord.com)

New Orleans, LA: George Joseph Van Houten has filed an asbestos lawsuit alleging his former employers failed to take proper safety precautions to reduce or eliminate his risk for asbestos exposure. Van Houten has, as a result of his asbestos exposure, developed malignant asbestos mesothelioma.

Van Houten alleges in his lawsuit that he was exposed to injurious levels of asbestos while working at Avondale Shipyards from 1964-1969. During this period, he alleges, he used and handled and/or was in the vicinity of others using or handling asbestos or asbestos-containing products at these facilities in ship engine rooms and where fibers in the ambient air could be breathed in. He was diagnosed with malignant mesothelioma in March of 2013.

One of the defendants, Avondale Inc, is accused of “negligently, recklessly, willfully and/or because of gross and wanton negligence, fault, or strict liability, fail[ing] to properly discharge its duties to the Plaintiff in failing to provide a safe workplace.” Specifically, the company allegedly neglected to provide safety instructions for eliminating or reducing risks of exposure to products that contained fibrous, incombustible, chemical-resistant substances, failed to provide adequate measures to control the level of infiltration into the ambient air and to the plaintiff’s home, and failure to deliver medical monitoring and air monitoring. Avondale also allegedly failed to inspect products, to test for defects or hazards, to accurately report the results of those tests and medical studies; and further, allegedly failed to design the products without asbestos where alternate and equally suitable products were available, in addition to improperly packaging, transporting, handling, storing, and disposing of the product.

Van Houten is seeking an undisclosed amount for all medical costs and expenses, lost earnings, mental suffering, anguish, physical pain and suffering, loss of consortium, loss of quality of life and all other forms of relief deemed appropriate.

The defendants in the lawsuit include: Avondale Industries Inc., Air & Liquid Systems Corporation, Armstrong International, Asbestos Corporation, Aurora Pump Company, Inc., Buffalo Forger, Inc., BW/IP, Inc., CBS Corporation, Cleaver, Brooks, Inc., Cooper US, Copes-Vulcan, Inc., Crane Company, Crosby Valve, Inc., CSR, Inc., Eagle, Inc., Eaton Corporation, Inc., The Fairbanks Company, Inc., FMC Corporation, Foster Wheeler Energy Corporation, Goodyear Tire & Rubber Company, Goulds Pumps Inc., Hopeman Brothers Inc. IMP Industries Inc., Ingersoll-Rand Company, International Paper Company, John Crane Inc., Joy Technologies Inc., McCarty Corporation, Mine Safety Appliances Company, The Nash Engineering Company, Owens Illinois Inc. Reilly-Benton Company, Inc., Schneider Electric USA Inc., SpiraxSarco, Inc., Sterling Fluid Systems (USA) LLC., Taylor-Seidenbach Inc., Trane US Inc., Union Carbide Corporation, Uniroyal Inc., Velan Valve Corporation, Warren Pumps LLC, The Wm. Powell Company, American Employers, American Insurance Company, Home Insurance Company, OneBeacon Insurance Company, the Stonewall Insurance Company and executives with Avondale/Huntington Inglass/Northrop Gunman Ship Systems. (louisianarecord.com)

New Orleans, LA: Mr. Ora Ham, a former shipyard welder who was recently diagnosed with asbestos-related disease, has filed an asbestos suit against Eagle Inc., Reilly-Benton Company Inc., Taylor-Seidenback Inc. and Metropolitan Life Insurance Company in the Orleans Parish Civil District Court.

Ham alleges he was exposed to asbestos and asbestos-containing products while working as an insulator and welder from approximately 1963-1979 at several shipyards and drilling companies in Louisiana and Texas.

The lawsuit contends that the defendants allowed dangerous asbestos fibers to escape from their custody, control, and guard by designing, evaluating, manufacturing, packaging, furnishing, storing, handling, transporting, installing, distributing, selling and/or supplying asbestos-containing products to Ham’s job sites.

In his lawsuit, Ham alleges the defendants are strictly liable for manufacturing and selling defective products and for systematic negligence by failing to properly test their products, warn against the dangers inherent in their use, provide proper instructional material and safety devices to reduce the dangers of those products especially when other similar, non-asbestos-containing products would have served as high heat insulation.

Ham also claims the defendants “knew that their products would have to be cut, sawed, broken, sprayed, hammered into place and generally handled in such a manner as to created dust which when ingested or inhaled into the body would cause severe and disabling diseases.”

Ham is seeking an undisclosed amount for physical pain and suffering, mental pain and anguish, loss of enjoyment of life and medical expenses.

The companies named in the suit as job sites include: Gulfport Shipyard, Wards Drilling Company, Livingston Shipyard, Texaco, Chevron, Mobil, Motiva, LeBlanc Welding, Lee Towing Company, Action Construction, H. B. Zachary, International Maintenance Company, Inland Marine and Diamond Offshore Drilling. (louisianarecord.com)

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Asbestos News Roundup: 9.12.13 – Second Hand Asbestos Risk

September 12th, 2013. 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.

Second Hand Asbestos Exposure and Risk for Asbestos Disease

The recent case of Nita Constant, below, who died from asbestos mesothelioma, highlights how asbestos dust represents a danger not just to those who worked in heavy industry, but also to their family members who were in daily contact with them. It also highlights the risks of environmental and neighborhood exposure. Nita Constant lived on the West Bank in New Orleans, an industrial area where asbestos would have been in use.

The asbestos lawsuit, filed on behalf of the estate of the late Nita Constant, by her family, alleges she suffered secondary asbestos exposure as a result of her husband’s exposure.

Recently, we also reported on the case of a 78-year old women succumbed to asbestos mesothelioma which she developed as a result of having breathed in second-hand asbestos fibers as she shook out the work clothes of her husband and son, who worked at a power station.

There are many cases of family members developing asbestos disease as a result of secondary asbestos exposure—secondary exposure caused, for example, by wives beating their husband’s dusty overalls as they hung on a washing line, or shaking them off in a doorway before putting them in a washing machine. Their husbands worked in industries such as mining, ship-building, construction, plumbing and electrical.

Children and even grandchildren have also been put at risk, running up to a returning parent to give them a hug as they return from work, or sitting on their knee as they wear their dusty work clothes. The risk of loved ones being accidentally exposed is unfortunate and just adds to the tragic legacy of asbestos. But as this latest case shows, it is something that family members need to be made aware of.

Asbestos Lawsuits

New Orleans, LA: Charles Carrone, a former electrician based in Louisiana and who was recently diagnosed with asbestos-related lung cancer, is suing several companies he claims are responsible for his diagnosis.

In his complaint, Carrone alleges he was exposed to asbestos during the course his career as an electrician, from 1950 to 1979. He alleges was exposed to asbestos through the course of handling products on United Fruit Company vessels at the New Orleans Riverfront, while working at Evans Cooperage and while providing maintenance to boilers at Coca-Cola.

The defendants are accused of using products that are unreasonably dangerous, failing to sufficiently warn of the hazards these products would present, failing to properly design these products when the nature of the product did not require use of asbestos mineral and defects in the composition and construction of products.

Carrone is seeking an unspecified amount in damages for medical costs, lost earnings, mental suffering, anguish, pain and suffering and disability.

Named defendants include Asbestos Corporation Ltd., Eagle Inc., Foster Wheeler Energy Corporation, McCarty Corporation, Maryland Casualty Company, Metropolitan Life Insurance Company, Owens Illinois Inc., Metropolitan Life Insurance Company, Ownes Ilinois Inc., Reilly-Benton Company, Taylor Seidenbach Inc.,  General Electric and Boland Machine & Manufacturing Company. (louisianarecord.com)

New Orleans, LA: David Punch, a retired pipefitter from New Orleans, was recently diagnosed with asbestos-related lung cancer and is consequently suing numerous companies he claims are responsible for exposing him to the deadly carcinogen.

In his asbestos lawsuit, Punch claims that from 1959-1973 he worked as an apprentice pipefitter at numerous sites in Louisiana for a variety of employers. During the course of those engagements, he alleges he was exposed to asbestos and asbestos-containing products. Further, he claims he contracted malignant mesothelioma, an incurable and terminal cancer as a direct result.

Punch alleges the defendants used and distributed products that are unreasonably dangerous, and that there was a lack of warning or of sufficient warning of the hazards of the products, negligence and failing to provide a safe working environment.

Punch is seeking an unspecified amount in damages for all his past present and future medical cost, mental suffering, physical pain and suffering, loss of quality of life and disability.

Named defendants include: Asbestos Corporation Ltd., Taylor-Seidenbach Inc., Eagle Inc., Rielly Benton Company, McCarty Corporation, Anco Insulations Inc., Union Carbide Corporation, The Cajun Company, Uniroyal Inc., Shell Oil Company, Occidental Chemical Corporations, E.I. Du Pont de Nemours and Company, Pharmacia Corporation, Whitney Holding Corporation, Chevron U.S.A Inc., Chevron Chemical Company LLC, Tin Inc., Lou Con, Inc., RMJ Properties LLC, Entergy Lousiana LLC, Gulf Engineering Company LLC, Maryland Casualty Company and Onebeacon Insurance Company. (louisianarecord.com)

New Orleans, LA: Family members of the recently deceased Nita Constant have filed an asbestos lawsuit alleging the defendant companies have ties to asbestos handling which resulted in Nita Constant’s developing asbestos related lung cancer and subsequently dying.

Anatole, Gerard, Timothy and Richard Constant filed suit against Asbestos Corporation Limited, Taylor-Seidenbach Inc., Eagle Inc., Rielly Benton Company, McCarty Corporation, Union Carbide Corporation, Burmaster Land and Development Co., Zurich American Insurance Company, CSR Limited and Metropolitan Life Insurance Company.

The plaintiffs allege in their asbestos complaint that Nita Constant was exposed to injurious levels of asbestos through asbestos fibers brought home by Anatole Constant as result of his work at Celotex Corporation and from environmental and neighborhood exposure to asbestos while residing on the West Bank.

The lawsuit claims that the defendants, which include miners, manufactures, sellers, suppliers and contractors of asbestos products, distribute and use of products that are unreasonably dangerous. The plaintiffs further allege negligence when concerning the safety of individuals, and wrongful death on the part of the defendants.

An unspecified amount in damages is sought for loss chance of survival, mental and emotional anguish, all present and future suffering and medical expenses..(louisianarecord.com)

 

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 9.5.13 – Check your Hot Air Furnace for Asbestos

September 5th, 2013. 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.

Hot Air Furnaces & Asbestos Risk

As fall begins to make its presence felt, many people may be looking at replacing or refurbishing their hot air furnaces. A popular way to heat a house, hot air furnaces have been sold in the millions across North America.

However, as one man discovered recently, the older models of hot air furnaces contain asbestos. While asbestos has been banned from use in furnace gaskets since the 1970s in Canada, and likely the US as well, furnaces purchased and installed before then may still be in operation—they have a lifespan of some 50 years or more.

As the gaskets in hot air furnaces disintegrate with time and wear and tear, they can spread asbestos fibers throughout the house, exposing the inhabitants to long-term exposure and potentially fatal asbestos disease including asbestosis and lung cancer—without them even knowing it.

Asbestos Lawsuits

Charleston WV: The daughter of recently deceased Clinton Pitzer has filed an asbestos lawsuit naming 37 companies she claims are responsible for her father’s death. On February 25, Pitzer was diagnosed with lung cancer, from which he subsequently died on March 5.

In her lawsuit, Pitzer’s daughter, Tammy Timmons, alleges her father was exposed to asbestos and/or asbestos-containing products during his employment as a coal miner, a manager/operator of a coal mine and a laborer from 1954 until 1995.

Timmons is suing the defendants based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.

Timmons is also suing certain defendants as premises owners and as Pitzer’s employers for deliberate intent/intentional tort.

The 37 defendants named in the suit include Caterpillar Inc.; Crane Co.; Dravo Corporation; Eaton Electrical Inc.; Fairmont Supply Company; FMC Corporation; Foster Wheeler Energy Corporation; Genuine Parts Company; Goulds Pumps Inc.; and Grinnell Corporation. (wvrecord.com)

Asbestos Law

Kingston, ON: An employer who allowed a worker to remove asbestos materials without ensuring the worker was trained and had appropriate equipment has pleaded guilty in court and fined a total of $25,000.

In November and December 2012, Kevin Kauffman of Toronto was involved in the process of obtaining approvals for the redevelopment of a property located at 522/524 Johnson Street in Kingston. The exterior of the semi-detached multi-unit dwelling was clad in tiles containing asbestos and more tiles were stored in the basement; the building required asbestos abatement and disposal. He hired a worker to remove the siding and tiles. The worker lived on-site while performing the work.

Although he contacted a Ministry of Labour office and was advised of the requirements under the Occupational Health and Safety Act of the regulations relating to asbestos, the defendant failed to follow through on the necessary equipment and precautions.

The regulations state that employers must provide every worker entering the work area with an approved respirator, and ensure that workers are trained in the hazards of asbestos exposure, including proper work practices and the use, cleaning and disposal of respirators and protective clothing. The worker did not receive any form of asbestos training and was given a rubber mask and paper dust masks.

The defendant pleaded guilty in a Kingston court to failing as an employer to ensure that the measures and procedures prescribed by law were carried out. He was fined a total of $25,000.

The fine was imposed by Justice of the Peace Jack Chiang. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime. (newsontario.ca)

 

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 8.29.13 – Back-to-School Awareness

August 29th, 2013. 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 in Schools—Did You Know?

Back-to-school is just around the corner. Many children will be heading back to classrooms in older buildings all across the country. But those hallowed halls of learning may house something unsuspected and deadly—asbestos. Lately, many older schools have undergone asbestos removal and refurbishment.

Federal law requires schools to conduct an initial inspection using accredited inspectors to determine if asbestos-containing building material is present and develop a management plan to address the asbestos materials found in the school buildings.

Schools are also required to appoint a designated person who is trained to oversee asbestos activities and ensure compliance with federal regulations. Finally, schools must conduct periodic surveillance and re-inspections of asbestos-containing building material, properly train the maintenance and custodial staff, and maintain records in the management plan.

Local education agencies must keep an updated copy of the asbestos management plan in its administrative office and at the school which must be made available for inspection by parents, teachers, and the general public.

For more information about federal asbestos regulations visit: http://www.epa.gov/asbestos/lawsregs.html

Asbestos Lawsuits

Charleston WV: The daughter of the late Phillip D. Ohlinger, who died from asbestos-related lung cancer, has filed an asbestos suit naming 47 defendants. Mr. Ohlinger was diagnosed with lung cancer in March and died on July 9, according to court documents.

In her asbestos lawsuit, Ann Ohlinger claims that between 1953 and 1992 the defendants exposed her father to asbestos during his employment as a sales person, laborer, furnace stoker and maintenance worker.

Ms. Olinger is suing the defendants based upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn.

Further, Ms. Olinger is suing certain defendants as premises owners and as Phillip Ohlinger’s employers for deliberate intent/intentional tort. She is seekinga jury trial to resolve all issues involved.

The named defendants include: 3M Company; A.W. Chesterton Company; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; American Electric Power Service Corporation; Beazer East Inc.; Brand Insulations Inc.; Catalytic Construction Company; Caterpillar Inc.; and Certainteed Corporation were some of the 47 defendants named in the suit. (wvrecord.com)

Charleston, WV: 82 companies have been named as defendants in an asbestos lawsuit brought by Travis and Linda Jean Simons. In their lawsuit, the couple allege Mr. Simons has sustained asbestos-related illness resulting from his asbestos exposure during the course of his employment.

On November 13, 2012, Travis Simons was diagnosed with an asbestos-related lung injury. The Simons claim the 82 defendants exposed Travis to asbestos during his employment as a laborer from 1968 until the present.

The defendants are being sued based upon the theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn. Additionally, certain defendants are also being sued as premises owners and as plaintiff’s employers for deliberate intent/intentional tort.

Asbestos Law

Philadelphia, PA: A 53-year old business has been indicted on five counts of illegal removal of asbestos. The indictment comes after a grand jury investigation, according to the U.S. Attorney’s Office in Philadelphia. If convicted, David Mermelstein of Elkins Park faces a maximum possible sentence of 25 years imprisonment and a fine of $1.25 million.

Mr. Mermelstein who owns a business in Willow Grove, purchased a furniture warehouse in Northeast Philadelphia. According to the indictment, Mermelstein operated the business under the name Red, White and Black Furniture at 10175 Northeast Ave.

The warehouse was old, and had asbestos insulation around its pipes which ran throughout the building. The indictment alleges that from September 2009 through April, 2010, after learning the cost of proper asbestos removal, Mermelstein hired day laborers instead of licensed asbestos contractors to remove asbestos from the commercial property. Mermelstein then directed the removal of asbestos by these laborers without telling them they were removing asbestos and without proper safety equipment and “in a manner that did not comply with asbestos work practice standards” required by federal law.

The Environmental Protection Agency, the City of Philadelphia’s Air Management Services investigated the case, which is being prosecuted by Assistant U.S. Attorney Virgil B. Walker and Special Assistant U.S. Attorney Patricia Miller. (montgomerynews.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma
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