lawsuits Archive

Asbestos News Roundup: 11.22.12 – Oil Workers & Asbestos

November 22nd, 2012. By LucyC

Happy Thanksgiving everyone! This week’s asbestos news roundup includes all the 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.

Oil Industry Workers at High Risk for Asbestos Disease from Asbestos Drilling Mud

Drilling mud is widely used in the oil industry, both onshore and offshore, to help cool the drill bit and flush debris from the well hole during drilling. Many oilfield workers may have been exposed to toxic asbestos products without knowing its harmful, and often lethal, effects.

Drilling mud composition contained asbestos, which led to mud engineers being exposed to asbestos drilling mud, and the potential to develop asbestos-related disease such as asbestos mesothelioma. The two drilling mud brands that were mainly used were Flosal and Visbestos: both products were packaged in 50 lb. bags and were used for sweeping the hole as a viscosifier.

Asbestos Lawsuits

St. Clair County, IL: Earl Marshall and his wife Bertha have filed an asbestos lawsuit naming 64 defendant corporations, which, they allege, are responsible for Earl’s diagnosis of lung cancer.

In their lawsuit, the Marshalls allege the defendant companies caused Earl Marshall to develop lung cancer after his exposure to asbestos-containing products throughout his career as a plumber at Hawthorne Racetrack in Cicero, Illinois, from 1963 until 1977; as a cook at Peter Pan Restaurant in Chicago, Illinois, from 1977 until 1978; and as a self-employed construction/demolition worker from 1978 until 1989.

The Marshall’s allege the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.

Earl Marshall has become disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, as a result of his asbestos-related illness, the lawsuit states. In addition, he is no longer able to work and, consequently, lost large sums of money that would have accrued to him, he claims.

In his six-count complaint, Earl Marshall is seeking a judgment of more than $100,000, compensatory damages of more than $100,000, punitive and exemplary damages of more than $100,000 and punitive damages in an amount sufficient to prevent the defendants from performing similar conduct in the future, plus other relief the court deems just. (madisonrecord.com)

St. Clair County, IL: Gerald Campbell, who was recently diagnosed with asbestos-related lung cancer, has filed an asbestos lawsuit seeking damages from 54 defendant corporations.

Campbell alleges the defendant companies caused him to develop lung cancer after his exposure to asbestos-containing products throughout the course of his work as a laborer at St. Regis Paper Mill from 1956 until 1957 and as a rigger at Monsanto from 1957 until 1993.

Campbell further claims the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety. Consequently, Campbell is disabled and disfigured, has incurred medical costs and suffered great physical pain and mental anguish, all caused by his asbestos disease. Further, he claims 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.

In his five-count complaint, Campbell is seeking a judgment of more than $50,000, compensatory damages of more than $100,000, punitive and exemplary damages of more than $100,000, economic damages of more than $150,000 and punitive damages in an amount sufficient to prevent the defendants from performing similar conduct in the future, plus other relief the court deems just. (madisonrecord.com)

Beaumont, TX: Goodrich Corporation and Michelin North America have been named as defendants in an asbestos lawsuit filed by the widow of Herbert Carmon. According to the asbestos lawsuit, Herbert Carmon was employed by B.F. Goodrich in Jefferson County, where he was exposed to asbestos dust and fibers.

The lawsuit states that as a result of such exposure, Herbert Carmon developed an asbestos related disease, pleural disease and mesothelioma/lung cancer, from which he died a painful and terrible death on July 24, 2011.

The lawsuit accuses the defendants of negligently failing to warn employees of the dangerous of asbestos.(setexasrecord.com)

Asbestos Law

Boston, MA: A Massachusetts man is being sued by state Attorney General Martha Coakley for improperly removing asbestos materials from three homes he was renovating, violating the Massachusetts Clean Air Act in the process .

On three separate occasions between September 2009 and April 2011, Ronald Oliviera arranged for the renovation of three different multi-family homes in New Bedford, two of which he currently owns and rents out to tenants. During the renovation projects, contractors hired by Oliveira allegedly caused asbestos fibers from asbestos shingles to be released into the air.

At another renovation site, Oliveira allegedly told contractors to cover the asbestos shingles with new vinyl siding and drill through shingles to install heating vents, which also released asbestos fibers into the air as a result.

For renovations at the third renovation, contractors recklessly tossed asbestos shingles to the ground from the third floor of the building while installing vinyl siding and stripping wooden molding from the exterior.

“Asbestos removal must be done properly in order to prevent exposure to asbestos fibers, which can create serious health risks,” Coakley said.

“The scattering of asbestos debris in a residential neighborhood presents an unacceptable public health hazard to residents and workers,” added Massachusetts Department of Environmental Protection Commissioner Kenneth Kimmell. “Contractors who do not remove and dispose of asbestos properly will face enforcement and significant penalties.”

The asbestos lawsuit seeks civil penalties up to $25,000 per day for each violation of the Massachusetts Clean Air Act. (cisionwire.com)

Tags: Asbestos, Asbestos Exposure, asbestos lawsuit, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma, lawsuits | No Comments »

Michael Jackson Class Action Seeks $$ – What Else?

November 19th, 2012. By AbiK

Michael Jackson might be dead but he will not die. At least when it comes to lawsuit filings.

The latest in the Michael Jackson post-death legal saga is a class action lawsuit filed by his former assistant, Michael Amir Williams. Williams claims that he was hired to attend to MJ during the “This Is It” tour—the one that the gloved one was gearing up for just before his untimely death—and that he and others who were hired to do the same were deprived of $ 7.5 million in pay.

The Michael-Jackson-owes-me lawsuit was filed against concert promoter AEG Live in Los Angeles last week. But there’s a twist to this one.

According to a Reuters report, Williams is targeting AEG Live because the promoter also hired Dr. Conrad Murray. Dr Murray, if you recall, was the man convicted of involuntary manslaughter for supplying and administering propofol to Jackson, ultimately leading to his death.

So Williams and other ‘This Is It’ crew member who’d make up the would-be class are employing some kind of transitivity theory here: AEG Live hired Murray; Murray was convicted in Jackson’s death leading to the “This Is It” tour to be cancelled and Williams et al not getting paid; therefore, AEG Live should be on the hook for Williams et al not getting paid.

Needless to say, the folks at AEG aren’t buying it. Reuters quotes AEG lawyer, Marvin Putnam (O’Melveny & Myers) as calling the class action lawsuit “frivolous”. He goes on to say that “This lawsuit is clearly frivolous; it is literally barred by at least four different legal doctrines. The easiest is that Mr. Williams was a personal employee of Michael Jackson’s, and was never a beneficiary of Mr. Jackson’s contract with AEG Live. As such he has no legal standing to sue on that contract.”

Williams is suing for breach of express terms of contract, breach of implied terms of contract, and breach of implied covenant of good faith and fair dealing. As far as what he’s seeking for the class, it’s the usual “unspecified damages”–plus court and attorneys’ fees.

And if you’re thinking Michael Jackson is the only dead celebrity who lives on in our court system, he’s got company—Anna Nicole Smith is still visiting the bar as well.

Tags: California Labor, Class Action Lawsuit, Michael Jackson, Wage & Hour
Posted in Celebrity, Class Action, lawsuits | No Comments »

Asbestos News Roundup: 11.8.12 – Asbestos At Work Class Action

November 8th, 2012. By LucyC

The weekly 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 Exposure at Work – Who’s Paying for It?

Week after week we report on asbestos lawsuits filed by men and women who have become seriously, if not fatally ill from exposure to the carcinogen throughout their working lives. This week, we came across an employment class action lawsuit filed by employees of a staffing agency who worked with the toxic substance, but also allege they were denied wages by the agency.

Filed October 22, the class action lawsuit states that WMS Solutions, which has offices in Baltimore and Bethesda, has violated state and federal regulations by making employees pay for job-related equipment and training out-of-pocket, and has not paid them for time spent in required training courses.

If you are working around asbestos you should have protective clothing and equipment. If you don’t have protective gear, such as masks, appropriate clothing and gloves, not only are you at serious risk of developing an asbestos related illness, your family and loved ones may suffer take home or second hand asbestos exposure, the consequences of which can also be devastating, as the lawsuits below illustrate all too clearly.

Asbestos Law

Charleston, WV: Mary C. Bowen, widow of the deceased Thomas Jarrett Bowen, has filed an asbestos lawsuit naming 30 companies she claims are responsible for her late husband’s lung cancer and death.

On November 3, 2010, Thomas Jarrett Bowen was diagnosed with lung cancer. He died from the disease on December 5, 2010.

Mrs. Bowen alleges in the lawsuit that her husband was exposed to asbestos and/or asbestos containing products during his employment as a laborer from 1964 until 2001.

Mary Bowen 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. Additionally, some of the defendants are also being sued as premise owners and as Thomas Bowen’s employers for deliberate intent/intentional tort, according to the lawsuit.

The 39 companies named as defendants in the suit are A.W. Chesterton Company; Caterpillar, Inc.; CBS Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Corporation; Erie City Iron Works; Flowserve Corporation f/k/a the Duriron Company, Inc.; Flowserve Corporation, as successor-in-interest to Durametallic Corporation; FMC Corporation; General Electric Company; Goulds Pumps, Inc.; Grinnell, LLC; Honeywell International; Howden North America, Inc.; IMO Industries Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Rapid American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Swindell Dressier International Corporation; Tasco Insulations, Inc.; United Engineers & Constructors and Washington Group International; Vimasco Corporation; West Virginia Electric Supply Company; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)

Charleston, WV: A Paynesville widow has filed an asbestos lawsuit, alleging her husband’s death from asbestos-related disease was caused by exposure to the carcinogen during his working life. She has named 93 companies she asserts are responsible for her husband’s asbestos mesothelioma and subsequent death.

Clyde Junior Blankenship was diagnosed with mesothelioma, from which he died on June 30, the lawsuit states. He worked as a welder and a mine operator from 1974 until 2012.

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

Certain defendants are also being sued as premise owners and as Clyde Blankenship’s employers for deliberate intent/intentional tort, according to the suit.

The 93 defendants named in the suit are: 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; Adamson Global Technology Corp.; Ajax Magnethermic Corporation; Aladdin Carpet Mills, Inc.; Allied Glove Corporation; Borg-Warner Corporation; Breeding Insulation Company, Inc.; Cabin Craft, Inc.; Caterpillar, Inc.; Certainteed Corporation; Challenge-Cook Bros. of Georgia, Inc.; Chicago Boiler Company; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Continental Steel Tank Company, Inc.; Copes-Vulcan, Inc.; Coronet Industries, Inc.; Crane Co.; Crown Cotton Mills Proprieties, Inc.; Dalton Carpet Finishing Company, Inc.; Dalton Supply Company; Dravo Corporation; E.T. Barwick Industries, Inc.; Eaton Electrical, Inc.; Elite Processing, LLC; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company; Genuine Parts Company; Georgia Pacific Corporation; Goulds Pumps; Grinnell, LLC; Hercules, Inc.; Hobart Brothers; Honeywell International; Howden North America, Inc.; IMO Industries, Inc.; Devalco Corporation; Industrial Holdings Corporation; Ingersoll-Rand; ITT Corporation; J. H. Fletcher & Co.; Joy Technologies, Inc.; Lattner Boiler Company; Lincoln Electric Company; Maremont Corporation; McNeil Corporation; Mestek, Inc.; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Modern Carpet Industries, Inc.; Mohawk Industries, Inc.; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Oakfabco, Inc.; P&H Mining Equipment, Inc.; Pneumo Abex Corporation; Rapid-American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; Shaw Industries, Inc.; Spiraxsarco, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Sunoco, Inc.; Surface Combustion, Inc.; Swindell Dressler International Corporation; Tasco Insulations, Inc; The Dow Chemical Company; The Goodyear Tire & Rubber, Co.; The Sager Corporation; Union Carbide Chemical & Plastics Company; United Conveyor Corporation; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; Weil-McLain Company; West Point-Pepperell, Inc.; West Virginia Electric Supply Company; World Carpets, Inc.; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)

Charleston, WV: On August 9, 2012, Paul Everett Beckman Sr. was diagnosed with asbestos mesothelioma. Consequently, Mr. Beckman and his wife have filed an asbestos lawsuit naming 81 companies they claim are responsible for his illness.

In their lawsuit, the Beckmans claim the defendants exposed Mr. Beckman to asbestos during his career as a mechanic and laborer since the 1940s and through his wife, who worked at Owens Illinois Glass Factory, and his father and brother, who were utility workers with Consol Energy.

The defendants are being sued 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 premise owners and as Beckman’s employers for deliberate intent/intentional tort, according to the lawsuit.

The 81 companies named as defendants in the suit are: 3M Company; A.W. Chesterton Company; Airtek, Inc.; Aurora Pump Company; Autozone Stores, Inc.; Beazer East, Inc.; Borg-Warner Corporation; Caterpillar Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Consol Energy, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; F.B. Wright Co. of Pittsburgh; Fairmont Supply Corporation; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; Genuine Parts Company; George V. Hamilton, Inc.; Georgia Pacific Corporation; Georgino Industrial Supply (Pittsburgh), Inc.; Goulds Pumps; Grinnell, LLC; Harvey Hubbell, Inc.; Hercules, Inc.; Honeywell International; Howden North America, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Devalco Corporation; Industrial Holdings Corporation; Ingersoll-Rand; ITT Corporation; J. H. Fletcher & Co.; Joy Technologies, Inc.; Kelsey-Hayes Company; Lewis-Goetz And Company, Inc.; Maremont Corporation; McJunkin Red Man Corporation; McNeil Corporation; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Morgantown-National Supply, Inc.; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Petroleum Pipe and Supply Company, Inc.; Pettibone/Traverse Lift, LLC; Phillips Corporation; Pneumo Abex Corporation; Premiere Refractories, Inc.; Rapid-American Corporation; Riley Power, Inc.; Ritter Technology LLC; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sunray Electric Supply Company; Tasco Insulations, Inc.; The Goodyear Tire & Rubber, Co.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; United Conveyor Corporation; United Engineers & Constructors and Washington Groups International; Viacom, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)

Unpaid Wages and Asbestos Exposure: Class Action Filed Against WMS Staffing

Bethesda, MD: Employees listed with the WMS staffing agency in Bethesda, who work with asbestos and other toxic materials, have filed an employment class action lawsuit alleging they were victims of “intentional schemes to deny them wages.”

WMS provides temporary staff to work sites and contractors to work in asbestos removal, as well as mold and lead removal, the lawsuit contends.

Filed October 22, the lawsuit contends that WMS Solutions, which has offices in Baltimore and Bethesda, has violated state and federal regulations by making employees pay for job-related equipment and training out-of-pocket, and has not paid them for time spent in required training courses.

Class members are seeking unpaid wages and the costs of training programs, physicals and personal protection equipment that the company is required by law to provide to employees at no cost, the complaint states.

Marvin Blandon, one of the named plaintiffs in the lawsuit and a WMS employee, said that without proper training, he could get sick or bring asbestos home on his clothes to his wife and baby: this type of asbestos exposure is called ‘second hand’ or ‘take home’ asbestos exposure.

“I’ve been forced to pay hundreds of dollars just to make sure I don’t get sick from my work,” Blandon said through a translator. “Specialty training, equipment and trips to the doctor are also required so that I can do my job safely, and my employer should pay for them, not me.”

According to the lawsuit, WMS deducted $110 from Blandon’s wages in 2011, for a Washington, DC, asbestos license fee, and may have made other unauthorized deductions from his wages during his employment with them. Blandon further claims he has paid approximately $300 for annual asbestos refresher course fees, as well as about $32 for a respirator he is required to wear when performing asbestos abatement work.

To date, over 30 WMS workers have joined the asbestos employment class action lawsuit, however hundreds of workers may be affected. (gazette.net)

Tags: Asbestos, asbestos at work, asbestos class action lawsuit, Asbestos Exposure, asbestos lawsuit, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma, Class Action, lawsuits | No Comments »

Weird Lawsuit: Attack of the 600-pound Crucifix

November 7th, 2012. By AbiK

One thing’s clear in this bad faith lawsuit: the plaintiff hasn’t lost his faith in our justice system. Whether he’s lost any faith otherwise, who knows—but David Jimenez is suing St. Patrick’s Church in Newburgh, NY after the church’s exterior crucifix fell on him, crushing his leg, and resulted in an amputation.

Huh?

Well, you need the back story on this one to fully understand it, so here we go.

Jimenez’ wife had been diagnosed with ovarian cancer. Being a religious man, Jimenez would stop by St. Patrick’s Church and pray in front of the crucifix for his wife to be cured. She ultimately was—and Jimenez felt indebted to the crucifix (and one would assume to God, himself) for his wife’s recovery.

According to CBSNews, Jimenez’ attorney Kevin Kitson stated, “David attributed the cure to his devotion to that cross.”

So, to show his heartfelt gratitude, Jimenez got permission to clean the crucifix, which was apparently in need of a good once-over. So far, so good.

Things unfortunately went south from there. Jimenez began to clean the cross—but it dislodged causing him to fall to the ground, with the cross crushing his right leg.

The alleged culprit? A screw. There was allegedly one screw holding the 600 lb. statue at its base. “The screw was useless. The screw is useless. It supported no anchoring system,” Kitson said in the CBS report.

The report goes on to say that St. Patrick’s Church parishioners collected $7,000 and food for the Jimenez family. But apparently, the insurance company for the archdiocese hasn’t shown the same generosity of spirit.

So what started as a heart-warming story of faith and devotion has now become a heart-wrenching bad faith insurance lawsuit.

The falling crucifix lawsuit is headed to trial, and jury selection was set to begin today.

Tags: Bad Faith Insurance, Bad Faith Lawsuit, Church Lawsuit, Crucifix, David Jimenez, Kevin Kitson, Newburgh NY, St. Patricks Church
Posted in Accidents, lawsuits, Personal Injury | 1 Comment »

Anheuser-Busch Scion Settles Wrongful Death Lawsuit

October 31st, 2012. By AbiK

Remember Ted Kennedy and the Chappaquiddick mess? And the more recent one about polo club founder John Goodman—who after being charged with DUI was trying to adopt his girlfriend? The rich and famous just seem to have a way of getting into trouble with the law—and not just in a misdemeanor kind of way. This time, it was August Busch IV—Busch as in Anheuser-Busch, as in Budweiser, as in St. Louis, as in Clydesdales. That Busch.

August Busch IV, great-great-grandson of Adolphus Busch, founder of A-B, has settled a wrongful death lawsuit over the accidental death of his former girlfriend, Adrienne Martin. Martin died at Busch’s mansion in 2010 after an accidental drug overdose involving both cocaine and the the prescription painkiller oxycodone.

The wrongful death lawsuit had been filed by Martin’s ex-husband, Dr. Kevin Martin, on behalf of their son Blake, who is a minor. Later, Adrienne Martin’s parents, Larry Eby and Christine Trampler, were able to join the lawsuit after an appeal.

According to the St. Louis Post-Dispatch, the settlement, which was signed on Tuesday by Circuit Judge William Syler, calls for Blake Martin to receive $1.35 million. Adrienne Martin’s mother, Christine Trampler agreed to accept $200,000; her father, Larry Eby agreed to a $200,000 out-of-court settlement to be put into an annuity for his grandson.

After Martin died, an autopsy revealed cocaine use and evidence of an overdose of the prescription painkiller oxycodone. Police investigated the incident, and prosecutors said there was no evidence to indicate Martin’s death was anything other than accidental.

August Busch IV was CEO of Anheuser-Busch up until the sale of the company to Belgian company InBev in 2008. Since that time, the Post-Dispatch reports, Busch has continued as a paid consultant at Anheuser-Busch InBev, receiving $120,000 a month.

Tags: Adrienne Martin, Anheuser Busch, August Busch IV, Budweiser, Oxycodone, Settlement, Wrongful Death Lawsuit
Posted in Emerging Issues, lawsuits, Settlement | No Comments »