lawsuits Archive
Foster Farms Apologizes for Salmonella, but why wasn’t there a Recall?
November 6th, 2013. By AbiK
Foster Farms CEO Ron Foster sent out this full-page ad apology regarding the recent salmonella outbreak brought on by his company’s chicken. However, while there was a health alert issued by the CDC, reports of over 360 salmonella cases in 21 states, Costco’s been pulling the chicken off their shelves, and now the salmonella lawsuits are starting to roll in, Foster Farms did not issue a voluntary recall for the chicken. So the question remains: why?
Asbestos News Roundup: 11.1.13 – Cigarette Asbestos?
November 1st, 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.
Cigarettes & Asbestos Risk
It is hard to think of anything that could make cigarettes more dangerous, but back in the 1950s, certain cigarettes actually contained asbestos in their filters. Those asbestos-containing cigarettes have led to lawsuits alleging mesothelioma and asbestosis disease, either on the part of people who smoked the cigarettes or those who worked in the factory that supplied the filters. Other lawsuits alleging exposure to asbestos fibers resulting in asbestosis lung disease are still pending.
According to Daily Business Review (9/19/13), Richard Delisle was diagnosed with mesothelioma, a fatal condition linked to asbestos exposure, in 2012. He alleges that his smoking of Kent cigarettes, which reportedly used a filter that contained asbestos, contributed to his developing mesothelioma. Also included as defendants in the trial were a paper mill company where Delisle was employed and the manufacturer of the filters used in the Kent cigarettes.
A jury found the cigarette maker, Lorillard, and the maker of the filters each 22 percent responsible for Delisle’s condition, with another 16 percent fault given to the paper company. The final 40 percent was against other defendants. In all, the jury awarded Delisle $8 million, with Lorillard paying $3.52 million as a result of an indemnity agreement between Lorillard and the maker of the filter manufacturer.
Asbestos Lawsuits
St. Clair County, IL: Arlon J. Hobbs has filed an asbestos lawsuit naming 63 defendant corporations which, he claims caused him to develop asbestos lung cancer.
Hobbs alleges the defendant companies caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career.
From 1950-1956 and again from 1960-1961 Hobbs worked as a die maintenance worker at General Motors. He then worked as a furnace builder at Tip Welch Die Casting from 1957 until 1961, as a maintenance worker at Acme Brick from 1962 until 1964, as a maintenance worker at Curtis Mathes from 1964 until 1965, as a maintenance worker and furnace builder at Glenvale Die Casting from 1965 until 1972 and as a self-employed general maintenance worker from 1972 until 2012, according to the lawsuit.
Hobbs asserts that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for his safety.
Suffering from asbestos disease, Hobbs has become disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Further, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, as a result of his potentially terminal illness.
Hobbs is seeking a judgment of more than $150,000.(madisonrecord.com)
New Orleans, LA: A Louisiana man who has been diagnosed with asbestos mesothelioma has filed an asbestos lawsuit naming scores of defendants he alleges are responsible for his occupational exposure to asbestos.
Templeton Evans, a former shipyard worker and pipe-filler, alleges that from 1967 to 1977, during his employment at Avondale Shipyard’s main dock, the Harvey Quick Repair Yard and the Westwego Yard, he used and handled asbestos and asbestos-containing products. He further claims he was exposed to asbestos during his work as a pipefiller for Local 60, Murphy Oil, Union Carbide, Shell Oil, Monsanto, Hooker Chemical, Entergy Waterford III and Chevron, at various sites around the state of Louisiana. Evans alleges he contracted malignant lung cancer as a result of his many years of asbestos exposure.
The defendants, who include: Avondale Industries Inc., Northrop Grumman Ship Systems Inc., Huntington Ingalls Inc., Eagle Inc., Hopeman Brothers Inc., International Paper Company, Liberty Mutual Insurance Company, McCarty Corporation, Maryland Casualty Company, Metropolitan Life Insurance, Reilly-Benton Company, Taylor-Seidenback Inc., Uniroyal Inc., Viacom Inc., Asbestos Corporation Ltd., Albert Bossier, Certain Underwriter’s at Lloyd’s, London, One Beacon Insurance Company, Entergy Gulf States, Louisiana LLC, Union Carbide Corporation, Murphy Oil USA, Chevron USA Inc., Occidental Chemical Corporation, Shell Oil Company and Monsanto, are accused of intentional misconduct, fraud and concealment or conspiracy to defraud or conceal the dangers of asbestos-containing products.
Evans is seeking an unspecified amount in damages for medical costs, lost earnings, mental sufferings and reduced quality of life.(louisianarecord.com)
New Orleans, LA: Lones James Gagnard Jr., recently diagnosed with asbestos-related lung cancer, has filed suit against several companies he alleges are responsible for his exposure to asbestos from the early 1970s.
Gagnard Jr., alleges that he was exposed to injurious levels of asbestos and asbestos-containing products from his occupational exposure from 1972 to 1974 and subsequently contracted lung cancer.
Specifically, Gagnard Jr., accuses the defendants of mining, manufacturing, selling, supplying, distributing, and using products unreasonably dangerous and known to possess inherent dangerous properties with high potential for injury, failing to warn the plaintiff as to the hazards of their products in their foreseeable use, failing to provide safety instructions to eliminate or reduce risks associated with the products, failure to inspect truthfully or adequately report product testing and medical studies, failure to properly design, producing defective products, and failure to properly package their products.
Gagnard further claims that his employers failed to provide him with a safe place to work, adequate engineering or industrial hygiene measures to control the level of exposure to asbestos and failure to warn of associated hazards.
He is seeking an undisclosed amount for all medical costs or expenses, lost earnings, mental suffering, anguish, pain, and suffering, physical pain and suffering, loss of quality of life and disability.
Gagnard Jr. filed suit against Avondale Industries, Inc., Northrop Grumman Ship Systems Inc., Huntington Ingalls Incorporated, Eagle, Inc., Hopeman Brothers Inc., International Paper Company, Champion International, US Plywood, Liberty Mutual Insurance Company as insurer of Wayne Manufacturing Company, McCarty Corporation, Maryland Casualty Company as insurer of Marquette Insulation Inc., Metropolitan Life Insurance Company, Reilly-Benton Company, Taylor-Seidenbach Inc., Uniroyal Inc., Viacom Inc. as successor to CBS Corporation, Wayne Manufacturing, Albert Bossier, Certain Underwriters at Lloyd’s London, OneBeacon Insurance Company, J.D. Roberts, and James Melton Garrett. (louisianarecord.com)
Storage Wars Lawsuit & the Dark Side of Storage Auctions
October 21st, 2013. By AbiK
Got so much sh*t you need a storage locker? Well, understandably, sheer consumption isn’t the only reason why a lot of folks put their stuff in storage—there are many reasons, including some that are prime material for a “Judge Judy” episode or two. But the reasons for removing the stuff from storage? Well, for some, the reason winds up being an inability to pay their storage locker rent. Never mind why the rent can’t be paid—the bottom line is that the storage facility basically holds the storage locker contents as a form of collateral. And if you’re not paying rent, well then, the self-storage company is ready, able and willing to make some cash off of your precious belongings—by auctioning them off. And, in many instances, they have a right to…but…we’ll get to that later.
Surely you’ve heard of “Storage Wars”?—the popular reality tv show on A&E. Auctioning storage locker contents is the premise of the entire show. And, of course, being reality tv, there is suspense and excitement—and a few tense arguments thrown in for good measure.
That brings us to the lawsuit recently filed by “Storage Wars” former star buyer, Dave Hester (aka “the mogul”). His lawsuit was originally filed in December, 2012, against A&E, claiming that the production company actually staged many of the auctions with goods that were not originally in the featured storage lockers. Basically, he claimed that A&E planted more valuable goods into the featured lockers in order to falsely drum up excitement (and, therefore, more viewers) for the program.
That lawsuit was eventually thrown out, with the judge deeming what A&E chooses to highlight on the show a matter of free speech.
Ahh, but the story, and the lawsuit, doesn’t end there. Hester was let go. According to a report over at The Wrap, Hester’s got a retooled lawsuit and is now arguing wrongful termination, alleging he was fired over his claims that the show was rigged.
The outcome of Hester’s lawsuit remains to be seen. But rigged locker contents or not, the lawsuit has put focus on the practice of storage locker auctions—and wrongful auctions—in general: what are they and why do they happen? “Storage Wars” makes storage locker auctions seem like some unclaimed freight or abandoned merchandise sale. Unfortunately, for some, that’s not quite how things happen—they haven’t quite abandoned their stuff; they simply can’t (or don’t) make the rent payments. And in some instances, the storage facility has simply auctioned off the wrong person’s stuff. Yes, it’s happened…
Example: Dubey v. Public Storage. Here’s an excerpt from court documents on that one:
“Kitchen [former storage facility property manager] told Dubey that her property had been auctioned off. She told Dubey that her rent had not been paid and that Metropublic records showed that there was $191 in past-due rent for unit E-11. However, unit E-11 was rented to someone by the name of Maria Cruz, and Dubey’s rental agreement showed that her unit was C-10. Cruz’s rental agreement had a computer-generated designation of unit number E-12. Such unit number had been scratched out and next to it, handwritten, was the number E-11.”
In Dubey’s case, she showed up at her rental storage locker one day to find it inaccessible. When the operator opened it, it was empty—except for some remaining debris, remnants of Dubey’s belongings. Needless to say, Dubey was a bit taken back and things wound up in court.
In fairness, if a self-storage facility plays by the rules, they do have a contractual right to move to an auction. But, the key is they have to play by the rules. The “rules” in this case, are state lien laws.
Lien laws regulate all aspects of when and how storage unit contents can be auctioned. They cover everything from when a storage operator can replace the lock on a unit, to how a renter is sent default notices, to how long the renter has to ‘make good’ on his payments, to how and when the operator can publish an advertisement for an auction.
For example, recently new legislation went into effect in Nevada regarding how a storage facility operator must notify a tenant about being in default. Nevada self-storage facility operators may now notify tenants about impending lien procedures by email, as well as assess late fees and deny access to tenants in default after 10 days. If there is no confirmation of the email, a second notice must be sent by verified mail to the last known address of the tenant.
While there are many legitimate storage auctions, some are not. There are rules to be played by and operators need to follow those rules before they auction off storage locker contents. And if you’ve got stuff in storage, it’s worth it to not only read your contract closely, but also check out your state’s self-storage lien laws; you can do that online.
Asbestos News Roundup: 10.3.13 – Safe Asbestos?
October 3rd, 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.
Is There a Safe Level of Asbestos Exposure?
Earlier this year, as part of National Asbestos Awareness Week, the US Surgeon General, Dr. Regina Benjamin, issued a statement concerning asbestos exposure—and urging Americans to learn about the dangers of asbestos exposure. In short, the message is that there is no safe level of asbestos exposure. The lawsuits listed below bear testament to this fact.
In fact, the statement notes “that anyone who disturbs asbestos is at risk. However, it is of special concern for construction, insulation, and demolition workers, pipefitters, boilermakers and others who might disturb asbestos found in old buildings or equipment as part of their work. The hazard is also very real to home handymen, first-responders, and community volunteers.”
Veterans who served in any of the following occupations may have also been exposed to asbestos: mining, milling, shipyard work, insulation work, demolition of old buildings, carpentry and construction, manufacturing and installation of products such as flooring and roofing.
Additionally, veterans who served in Iraq and other countries in that region could have been exposed to asbestos when older buildings were damaged and the contaminant released into the air.
The Surgeon General’s statement explains that asbestos exposure can happen from activity that disturbs asbestos, making the asbestos fibers airborne. Inhaling these fibers leads to asbestos-related diseases. Three of the major health effects associated with asbestos exposure are lung cancer; mesothelioma, a rare form of cancer that is found in the thin lining of the lungs, chest, abdomen and heart; and asbestosis, a serious progressive, long-term, non-cancer disease of the lungs. Specifically:
Asbestosis – Scarring of lung tissue that causes breathing problems, usually in workers exposed to asbestos in workplaces before the Federal government began regulating asbestos use (mid-1970s).
Pleural plaques – Scarring in the inner surface of the ribcage and area surrounding the lungs that can cause breathing problems, though usually not as serious as asbestosis. People living in areas with high environmental levels of asbestos, as well as workers, can develop pleural plaques.
Cancer – The two types of cancer caused by exposure to asbestos are lung cancer and mesothelioma, a cancer of the thin lining surrounding the lung (pleural membrane) or abdominal cavity (the peritoneum). Mesothelioma is a rare form of cancer usually caused by asbestos exposure.
Asbestos Lawsuits
Erie, PA: 62-year-old Lloyd Baldwin has filed an asbestos lawsuit naming 30 defendants, alleging his asbestos-related lung cancer was caused by asbestos exposure on the job. Baldwin was diagnosed with lung cancer in on January 23, 2012, by doctors at the Cleveland Clinic.
In his lawsuit, Baldwin alleges his asbestos exposure began in the 1960s, while working as a machinist, laborer and deliveryman. As a deliveryman, Baldwin claims he was exposed to asbestos from loading and unloading a variety of asbestos-containing products including shingles and rolled roofing materials. He further claims he was exposed to asbestos dust and fibers while performing home renovations and doing automotive work, and while working as a laborer and machinist, and while working around other people who worked on boilers, pumps and valves.
The asbestos lawsuit states that Baldwin, during the course of his automotive work, was exposed to asbestos while working with brakes, clutches, mufflers and gaskets, and when he came into contact with construction materials such as insulation, drywall, joint compound, caulk, floor tiles, ceiling tiles and paint. According to the lawsuit, Baldwin purchased the asbestos-containing materials and supplies from a variety of lumberyards and retail stores.
The list of defendants includes, but is not limited to, Certainteed Corp., DAP Inc., Ford Motor Co., General Electric, Georgia Pacific, Honeywell International, Owens-Illinois, Pfizer, Sears Roebuck and Co., and Union Carbide Corp. (wvrecord.com)
Philadelphia, PA: The widow of a lung cancer victim is suing three companies that dealt in asbestos, alleging her late husband died as a result of injuries he sustained due to his on the job asbestos exposure.
The asbestos short form complaint was filed by Francesca Cerminara, in her capacity as special administrator of the estate of her late spouse, Francesco Cerminara.
The three defendants named in asbestos lawsuit are Ameron International Corp., Hajoca Corp., and J.A. Sexauer Inc.
According to the lawsuit, Francesco Cerminara died on May 1, 2012, at 81 years old, an apparent victim of asbestos-related mesothelioma. He was diagnosed with asbestos disease in the fall of 2011.
Cerminara had worked as a maintenance man, pipefitter, plumber and welder at Chemical Concentrate in Fort Washington, PA, from 1961 to 1974, and at AmChem in Ambler from 1974 to 1988, according to court documents.
The companies listed as defendants in the case are accused of negligence and strict products liability. The plaintiff seeks an unspecified amount of damages. (pennsylvaniarecord.com)
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)
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