lawsuits Archive

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
Posted in Asbestos Mesothelioma, lawsuits | 1 Comment »

Asbestos News Roundup: 8.22.13 – Hurricane Sandy First Responders Tested

August 22nd, 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.

Superstorm Sandy First Responders Screened for Asbestos Respiratory Illness

First responders in the aftermath of Hurricane Sandy’s devastation are being screened for respiratory illnesses resulting from exposure to toxic compounds including asbestos. Hurricane Sandy destroyed or damaged tens of thousands of homes and businesses on the Eastern seaboard when it struck on October 29, 2012. Many of those structures were old enough to contain asbestos, and this poses a significant danger to clean-up and remediation crews, as well as homeowners who may attempt repairs on their own.

According to nj.com, health officials have been warning Toms River residents that even though they were allowed back into their hurricane-damaged homes, it was essential to avoid mold-infested, asbestos-laden and contaminated buildings because of the risk of respiratory problems.

“It’s always in the back of your mind because of 9/11. You just don’t know,” Toms River spokeswoman Debbi Winogracki said of the Mayor Thomas Kelaher’s concerns about breathing problems in the wake of major disasters such as the attack on the World Trade Center.

The US Environmental Protection Agency (EPA) warns that asbestos may be found in a wide variety of construction items, and states that cleanup at homes and businesses after a natural disaster can cause people to be exposed to asbestos containing materials found in:

• Boiler/pipe insulation

• Fireproofing

• Floor tiles

• Roofing shingles and tiles

• Transite boards used in laboratory tabletops and in acoustic panels in auditoriums, music rooms and phone booths.

Asbestos Lawsuits

Charleston, WV: 39 companies have been named as defendants in an asbestos lawsuit filed by the family of recently deceased Danny Ray Kincaid Sr.

Mr. Kincaid Sr. was diagnosed with lung cancer in April 2012, and subsequently died on June 15, 2012, according to the lawsuit.

Jesse E. Kincaid and Mary C. Kincaid allege Danny Kincaid was exposed to asbestos during his employment as a crane operator and dust collector technician from 1973 until 2008. The plaintiffs are suing the defendants based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn.

The defendants include: A.W. Chesterton Company; Caterpillar Inc.; Certainteed Corporation; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical Inc.; Elkem Chemicals Inc.; Elkem Materials Inc.; and Elkem Metals Company – Alloy LP. Thirty-nine defendants were named in the asbestos lawsuit. (wvrecord.com)

St. Clair County,  IL: A retired railroad employee who has developed throat cancer alleges his illness was caused by his being exposed toxic fumes during nearly four decades of work for Union Pacific Railroad. Timothy Zastava filed a an asbestos lawsuit July 19 naming Union Pacific Railroad Company as the defendant.

In his lawsuit, Zastava claims he worked for Union Pacific Railroad from 1972 through 2010. During that time, according to his lawsuit, he was exposed to second-hand cigarette smoke, diesel exhaust and asbestos. Zastava alleges that long-term exposure led to his diagnosis of esophageal cancer.

Zastava further alleges Union Pacific Railroad was negligent in failing to provide a safe work environment. He contends the railway violated the Federal Employers Liability Act and asks for more than $50,000 in damages for medical expenses and court costs. (madisonrecord.com)

New Orleans, LA: Luby Anthony Baio has filed an asbestos lawsuit against numerous defendants he alleges exposed him to asbestos that result in his developing asbestos-related lung cancer, asbestos mesothelioma.

The named defendants are: Asbestos Corp. Ltd., Taylor-Seidnbach Inc., Eagle Inc., Reily-Benton Co. Inc., Mccarthy Corp., Burnmaster Land and Development Co. LLC, Zurich American Insurance Co., CSR Ltd., Sud-Chemie Inc., Clariant Corp., Gulf Belting & Gasket Co. and Uniroyal Inc.

In his lawsuit, Baio alleges that during his course of working and living on the West Bank, he was exposed to and inhaled significant qualities of asbestos with no knowledge that the asbestos was dangerous.

The defendants, which include mining companies, manufactures, sellers, suppliers and contractors of asbestos products, are accused of distribution and use of products that are unreasonably dangerous, negligence when concerning the safety of individuals and as liable for the Baio’s illness

An unspecified amount in damages is sought for wrongful death, mental and emotional anguish, medical expenses and suffering.(louisianarecord.com)

Asbestos Settlements

Baton Rouge, LA: The Dow Chemical Company was found liable on all counts in a civil lawsuit filed in Louisiana state court relating to its use of asbestos and allegedly causing cancer in its workers. The case was decided by a Plaquemine, Louisiana jury, which awarded $5.95 million in damages.

Dow Chemical’s Louisiana division is headquartered in Plaquemine, LA. The Dow Plaquemine Plant is the largest chemical plant in the petro-chemical industry rich state.

The lawsuit alleged that exposures to asbestos at Dow Chemical caused Sidney Mabile’s terminal asbestos cancer, mesothelioma. Mabile’s attorneys alleged in the lawsuit that Dow has exposed thousands of workers to asbestos, and that Mabile is only one of hundreds of future asbestos cancer victims also exposed at Dow.

Court documents revealed that Dow has continued to use tons of raw asbestos in its chemical manufacturing facilities throughout the world. Internal Dow documents showed that Dow lobbied to oppose the Environmental Protection Agency’s proposed ban of asbestos. Court documents suggested that Dow performed a “cost per cancer” analysis and determined that it would cost Dow over $1.2 billion to switch all of its plants to non-asbestos processing methods.

Dow was successful in lobbying the Environmental Protection Agency to allow Dow to continue using raw asbestos in its United States chemical plants. Dow has continued to fight the ban of asbestos in other countries. The European Trade Union Confederation explains that an “[o]pposition to a blanket asbestos ban now seems to come only from Dow Chemicals.” (heraldonline.com)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma
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White Guy Nets $3.25M Verdict in Racial Discrimination Case

August 16th, 2013. By AbiK

Racial discrimination is something we’ve come to associate with minority groups—it’s rare that you see an item in the press about a non-minority being the victim of such discrimination, outside of say the occasional affirmative action case related to college admissions.

But, what if someone from the majority is actually part of the minority in a work situation? That’s what happened in a recent court case involving the city of Los Angeles.

In James Duffy v. City of Los Angeles, Duffy, a 63-year old Caucasian man who’d been working for the City’s Department of Recreation and Parks as a gardener for 19 years, alleged racial discrimination against his Hispanic foreman and coworkers. According to court documents, Duffy’s foreman, Abel Perez, allegedly began discriminating against Duffy upon becoming his foreman back in 2004.

Duffy claimed he was forced to retire after several discriminatory events took place—including some harassing incidents that happened after Duffy had suffered an on-the-job head injury, resulting in short-term memory problems. According to the filing, Duffy stated he’d complained to his supervisors several times but to no avail.

Some of the alleged discriminatory actions included Perez once stating “I hate white people.” Perez would also allegedly tell Duffy he hadn’t been given certain assignments when he had or that he failed to complete assignments he had never actually been given.

The complaint also stated the city of Los Angeles engaged in intentional racial discrimination by maintaining a “systematic and continuous policy and goal of firing and demoting Caucasian employees”—and that the city took no action after Duffy had made numerous complaints about the harassment he was enduring.

The case, James Duffy v. City of Los Angeles, Los Angeles Superior Court, Central , BC454369, went before a jury and a verdict was returned in favor of Duffy. The $3,255,000 verdict was unanimous on claims of disability and racial harassment, retaliation and discrimination by the City of Los Angeles and three of Duffy’s supervisors. The verdict comprised $380,000 in economic damages and $2,875,000 in non-economic damages.

Tags: Abel Perez, City of Los Angeles, Disability Discrimination, James Duffy, racial discrimination
Posted in Discrimination, lawsuits, Settlement | 16 Comments »

Asbestos News Roundup: 8.15.13 – 6 States with Highest Rate of Mesothelioma

August 15th, 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

6 States with Highest Rate of Mesothelioma Include States with Major Shipyards

US Navy Veterans have some of the highest incidence of mesothelioma, or asbestos related lung cancers of all Americans. This is because during the 1950’s, 1960’s, 1970’s, and 1980’s asbestos was used on most parts of all US Navy ships, especially in engine rooms, ammunition magazines, repair rooms, fuel storage areas, and or electronics areas.

Currently, there are over 20 million US Navy veterans, many of whom will have worked at Navy shipyards across the US. According to the Centers for Disease Control, the six states that see the highest rate of individuals diagnosed with mesothelioma include Maine, Pennsylvania, New Jersey, West Virginia, Wyoming, and Washington. Both Washington, and Maine have major shipyards. Other states with major shipyards include California, Virginia, Louisiana, Alabama, Maryland, and Texas.

Sadly, US Navy veterans aren’t the only group of people at high risk for asbestos disease stemming from workplace exposure. Aside from shipyards, power plants, manufacturing factories, chemical plants, oil refineries, steel mills, mines, smelters, aerospace manufacturing facilities, demolition construction work sites, railroads repair yards, automotive manufacturing facilities, or auto brake repair shops, also posed or pose significant risks for asbestos exposure, particularly for people working in these areas during the 1950s through to the end of the 1980s.

Asbestos Lawsuits

Jefferson County, TX: Three people have filed an asbestos lawsuit naming four defendant companies as responsible for the diagnosis of asbestos related disease in one of the plaintiffs.

The defendants named in the complaint are Atlantic Richfield Co., Beazer East Inc., Certainteed Corp. and Guard-Line Inc. Audrey J. Hawkins, Terri Banken and Gina Daigle claim Floyd Hawkins was diagnosed with lung cancer as a result of ongoing asbestos exposure through the course of his work, specifically through large amounts of asbestos in products manufactured, sold, designed, supplied, distributed, mined, milled, relabeled, resold, processed, applied or installed by the defendants.

Floyd Hawkins’s disease resulted from inhaling, ingesting or otherwise absorbing asbestos fibers while at work, the plaintiffs claim in their suit. They further allege that Mr. Hawkins was not at any time during his work, aware or made aware of the hazards of asbestos exposure.

According to the complaint, the defendants failed to adequately warn Floyd Hawkins of the serious health hazards related to asbestos exposure and failed to provide him with what would be considered adequate and safe working apparel.

Further, the defendants failed to provide Mr. Hawkins with a safe workplace and allowed dangerous conditions to exist, the complaint states. The defendants also allegedly were negligent in that they failed to test their products before they were released into the stream of commerce; failed to place warning labels on the asbestos products; failed to warn Floyd Hawkins on the proper way to handle asbestos products; failed to enforce a safety plan; and failed to follow government regulations. Because of his disease, Floyd Hawkins experienced physical pain, suffering and mental anguish; endured emotional distress and physical impairment; and incurred medical costs, the complaint says.

Floyd Hawkins children also claim that following the death of their father they suffered the loss of his care, maintenance, support, services, advice, counsel and reasonable contributions and suffered mental anguish. (setexasrecord.com)

Asbestos Settlements

Plaquemine, LA: A retired electrician who filed an asbestos lawsuit in Louisiana has been awarded by the jury hearing his case, nearly $6 million finding that his alleged asbestos exposures at a Dow Chemical facility was a factor in causing his mesothelioma.

At the end of the trial, which ran four weeks, the Louisiana 18th Judicial District Court for Iberville Parish jury held trial defendant Dow Chemical responsible under theories of negligence and unreasonably dangerous premises. Dow Chemical and Westgate, an electrical contractor and the plaintiff’s former employer, were the only defendants remaining at the time of the verdict. (Harrismartin.com)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 8.1.13 – US Asbestos Use on Rise in some Industries

August 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.

Asbestos Use in the US on the Rise in Some Industries

The Asbestos Disease Awareness Organization (ADAO), the largest independent asbestos victims’ organization in the U.S., today announced that President and Co-Founder Linda Reinstein will testify about the dangers of asbestos before the U.S. Senate Committee on Environment and Public Works (EPW).

Ms. Reinstein will discuss the facts about the continued use of lethal asbestos in the U.S., with ports in the states of Louisiana, Texas, California and New Jersey still actively receiving and unloading asbestos shipments. Reinstein will also reference the U.S. Geological Survey’s (USGS) report that states that U.S. asbestos consumption in 2012 was estimated to be 1,060 tons. In the past two years, the nation has seen an increase in asbestos consumption in the chlor-alkali industry specifically, even though viable and affordable asbestos substitutes exist.

Asbestos fibers are odorless, tasteless, indestructible, and can be nearly 700 times smaller than a human hair. All forms of asbestos can cause cancer and respiratory diseases.

Each year, an estimated 10,000 Americans die from asbestos-related disease: 3,000 from mesothelioma, 5,000 from lung cancer, and 2,000 from other cancers or respiratory diseases. Between 2000 and 2010, 43,464 Americans died from mesothelioma and asbestosis – just two of the leading asbestos-caused diseases. (ADAO)

Asbestos Lawsuits

Oakland, CA: A take-home or second hand asbestos lawsuit brought by the wife of a retired Bay Area ironworker will be allowed to move forward. Donald LeBoa worked for hundreds of days on the construction of the Bank of America high rise building in San Francisco in the late 1960’s. According to court documents, the project involved a continuous sweeping of dry oversprayed fireproofing in the building, which caused large amounts of asbestos-containing dust to become airborne.

The asbestos in the air fell on everyone in the area, including Mr. LeBoa, whose work clothes became covered with asbestos dust, according to court documents. Mr. LeBoa wore his work clothes home every day and his wife washed them. Mrs. LeBoa shook out the dust from her husband’s clothes before putting them in the washing machine with the rest of the laundry.

Mrs. LeBoa was diagnosed in 2012 with mesothelioma, a fatal cancer. According to court documents, the asbestos on her husband’s work clothes allegedly caused Mrs. LeBoa’s mesothelioma.

The sweeping work that created the asbestos dust that fell onto Mr. LeBoa’s work clothes was performed by a company called Cahill. According to court documents, Cahill allegedly did not try to control the asbestos dust in the building nor did Cahill warn anyone of its risks.

Mrs. LeBoa sought compensation from Cahill, along with other defendants, in a take-home exposure asbestos lawsuit (LeBoa v. Alta Building Material Co., et al., Alameda County Superior Court, No. RG13667129) for its role in causing her harm. According to court documents, Cahill asked the court to dismiss the case, arguing that a person exposed to deadly dust tracked into her home should have no right to file a lawsuit. Judge Jo-Lynne Q. Lee disagreed with Cahill and allowed Mrs. LeBoa’s case to move forward. The judge’s order explained, “Cahill has not made a sufficient legal argument to induce this court to establish a new rule of law and grant it summary judgment under that new rule.”

According to court documents, trial for this take-home exposure asbestos lawsuit begins on August 13, 2013 against Cahill and the other defendants. (prweb.com)

Asbestos Settlements

Buffalo, NY: An upstate New York jury has awarded $3 million in an asbestos gasket and packing case against Crane Co., finding the defendant 35 percent liable for the decedent’s asbestos mesothelioma.

The New York Supreme Court for Erie County jury reached the verdict on July 31 after two days of deliberations. Judge Jeremiah J. Moriarty III presided over the two-week trial.

In its verdict, the jury awarded $2.5 million to decedent Lee Holdsworth and $500,000 to his widow. An additional $67,700 was issued for Holdsworth’s medical bills. (Harrismartin.com)

Asbestos Law

Boston, MA: The state Department of Environmental Protection (DEP) has fined a Haverhill company $3,000 by for its failure to follow proper asbestos-removal procedures at a job site in Fitchburg last summer.

According to a recent press release, during an August 2012 inspection of the former Fitchburg Gas and Electric power plant site, at 115 Sawyer Passway, Fitchburg, DEP inspectors observed workers from Absolute Environmental Contractors, Inc., improperly handling and disposing of asbestos-insulated pipes.

According to the DEP, the pipes were placed in an open-top, roll-off container without being adequately wetted or sealed in leak-tight, labeled containers, as required by law.

State regulations require removal contractors to wet asbestos-containing materials thoroughly during all phases of removal, handling and packaging for disposal in order to minimize the potential for asbestos fibers to become airborne and reduce the chance of exposure for workers and the public.

Absolute Environmental Contractors is licensed by the state Department of Labor Standards to be an asbestos contractor.

“Licensed asbestos contractors are most certainly aware of the required asbestos-removal procedures and must strictly follow all work practices prescribed by the MassDEP asbestos regulations,” said Lee Dillard Adams, director of the DEP Central Regional Office in Worcester. “The cost of noncompliance includes payment of penalties and escalated cleanup, decontamination and monitoring costs.” (sentinelandenterprise)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma
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