Posts Tagged ‘ asbestos law ’
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)
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)
Asbestos News Roundup: 5.23.13 – Oklahoma Tornado Asbestos Risk
May 23rd, 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 Debris After F5 Tornado in Moore, OK
Photographs of the devastation wreaked by the F5 tornado that tore through the town or Moore, OK earlier this week, cannot accurately convey the full risk residents face as they begin cleaning up. Apart from sharp metal and electrical debris, contaminated water, lead paint and broken glass, there is the very real risk exposure to asbestos.
As was done following the tornado that flattened Joplin, MO, nearly two years ago to the day, the experts are warning that many of the homes in Moore were built with asbestos. In Joplin, 2,600 tons of asbestos debris were removed following the 2011 tornado. A similar scenario could be facing residents of Moore.
There was a building boom in Moore in the 1960s and 1970s, at least a decade before the dangers of asbestos became publicly known, and a time when asbestos was widely used in the construction industry. Many houses and other buildings in Moore likely contain asbestos—in roofing tiles, electrical insulation, toilet gaskets, furnaces, and dry wall mud, for example.
Because the chronic health effects of asbestos exposure may not become apparent for up to 30 years, the experts are recommending caution when cleaning up—wearing gloves and masks at a minimum.
You can find comprehensive recommendations for cleanup can be found at the Oklahoma Department of Environmental Quality’s website: http://www.deq.state.ok.us/tornado/tornado.html
Asbestos Lawsuits
New York, NY: An asbestos lawsuit has been filed on behalf of Moriah Center, NY, resident, Norman Westover in the New York Supreme Court’s 4th Judicial District in Schenectady to recover damages for Mr. Westover’s lung cancer, which, according to the lawsuit, was allegedly caused by asbestos exposure.
According to the filed complaint, Mr. Westover was allegedly exposed to dangerous asbestos fibers on a daily basis during his twenty-plus-year career at the International Paper Mill located in Ticonderoga, NY. International Paper purchased the pulp mill, which had been operating on the western shores of Lake Champlain near the Vermont border since the late 19th century, in 1926. In the late 1960s, International Paper began decommissioning the original mill and, in 1971, opened a new mill at the location which is still operating today. The mill produces 850 tons of paper a day, employs approximately 600 workers and contracts with 650 loggers and truckers in New York and Vermont.
International Paper was formed in 1898 upon the merger of 18 paper mills in the northeast. The company was responsible for supplying 60% of the newsprint in the country. International Paper’s Hudson River Mill, located in nearby Corinth, where the Sacandaga River joins the Hudson, was a major pioneer in the development of the modern paper industry in the late 19th century. In the early 20th century, the Hudson River Mill was one of International Paper’s largest plants and served both as the company’s principal office and a place where paper workers helped shape the direction of the industry’s early labor movement.
As per the lawsuit papers, during his tenure at International Paper, Mr. Westover worked in both the original and new mill and he held a variety of positions that allegedly exposed him to asbestos fibers used in connection with mill machinery, including, but not limited to, cutters, dryers, rollers, boilers, pumps, and valves. Mr. Westover was also allegedly exposed to asbestos that was used in an abundance to insulate component parts of the original and new mill and the related piping and wiring. (digitaljournal.com)
Jefferson County, TX: Chevron USA is facing an asbestos lawsuit filed by the children of the late Nathan Guillory. In their lawsuit, Randall Guillory, Lindall Guillory and Beth Harper allege the company exposed their father, Nathan Guillory, to asbestos dust and fibers. As a result, he developed asbestos related diseases and died on May 23, 2011.
The suit alleges Chevron knew for decades that asbestos could cause cancer and yet still allowed employees to work around the mineral without warning them of the dangers.The plaintiffs are suing to recover exemplary damages. (setexasrecord.com)
Asbestos Lawsuits and Bankruptcy
In a recent ruling, US Bankruptcy Judge Judith K. Fitzgerald in Wilmington, Delaware has determined that Bondex International Inc., the bankrupt unit of Rust-Oleum maker RPM International Inc. (RPM), may owe current and future victims of asbestos poisoning $1.17 billion.
Bloomberg USA is reporting that “the judge sided with lawyers representing asbestos claims and rejected the method Bondex and Specialty Products Holding Corp. used to estimate they owed no more than $575 million.”
“We decline to accept debtors’ novel approach in this case,” Fitzgerald wrote in her opinion.
In May, 2010, Bondex and Specialty Products filed for bankruptcy in May 2010. (Bloomberg.com)
Asbestos News Roundup: 5.16.13 – Wildfire Asbestos Exposure
May 16th, 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.
California Wildfire Asbestos Exposure
As wild fires devastate homes in southern California, many people will be faced with cleaning up and rebuilding, and may be at risk for asbestos exposure. Across California, asbestos was used heavily in many building materials up until the mid-1980s. If these asbestos containing materials are disturbed through renovations or demolitions, or become friable with age, the asbestos may become airborne and spread throughout a property. Eventually these asbestos fibers will settle and may contribute to dusts found in buildings. This puts people working or living in those buildings at risk for asbestos exposure, without their knowledge.
According to the U.S. Environmental Protection Agency (EPA), “Asbestos fibers may be released into the air by the disturbance of asbestos-containing material during product use, demolition work, building or home maintenance, repair, and remodeling.” The EPA goes on to report, “Exposure to asbestos increases your risk of developing lung disease. That risk is made worse by smoking. In general, the greater the exposure to asbestos, the greater the chance of developing harmful health effects.”
In 1987, asbestos was added to California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65. Prop 65 lists chemicals known to cause cancer, birth defects or other reproductive harm to people living in the state of California.
Asbestos Lawsuits
Charleston, WV: 67 companies have been named as defendants in an asbestos lawsuit filed by John B. Kenyon and his wife Peggy E. Kenyon. Diagnosed with bilateral pleural plaques on May 11, 2011, Mr. Kenyon alleges the defendants caused his lung injury by exposing him to asbestos.
The Kenyons’ lawsuit alleges Mr. Kenyon was exposed to asbestos and/or asbestos-containing products from 1964 until 2002, throughout his employment as an estimator, warehouse employee/delivery person and sales person.
Kenyon is suing the defendants for 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 Kenyon’s employers for deliberate intent/intentional tort, according to the lawsuit.
The 67 defendants include: 3M Company; 4520 Corporation Inc.; A.W. Chesterton Company; Aurora Pump Company; Bechtel Corporation; Borg-Warner Corporation; Brand Insulations Inc.; Buffalo Pumps Inc.; BW/IP Inc.; and CBS Corporation. (wvrecord.com)
Charleston, WV: On January 7, 2013, Jimmie Elliott Epling Sr, was diagnosed with asbestos mesothelioma. In his recently filed asbestos lawsuit, he and his wife, Ernestine Epling, name 56 companies they claim are responsible for his diagnosis.
The couple allege the defendants exposed Mr. Epling to asbestos and/or asbestos-containing products during his employment as an orderly, machinist and operator from 1952 until 2000.
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 premises owners and as Epling’s employers for deliberate intent/intentional tort.
The 56 defendants named in the suit include: 3M Company; A.W. Chesterton Company; Amdura Corporation; Bucyrus International Inc.; Buffalo Pumps Inc.; CBS Corporation; Caterpillar Inc.; Clark Equipment Company; Certainteed Corporation; and Cleaver Brooks Company Inc. (wvrecord.com)
Jefferson County, TX: Chevron has been named as a defendant in as asbestos lawsuit brought by the children of the late Nathan Guillory. Randall Guillory, Lindall Guillory and Beth Harper allege Chevron USA exposed their father to asbestos dust and fibers throughout the course of his employment with the oil company. As a result, he developed asbestos related diseases and died on May 23, 2011, the lawsuit states.
The lawsuit claims Chevron knew for decades that asbestos could cause cancer and still allowed workers to work around the mineral without warning them of the dangers. (setexasrecord.com)
Asbestos News Roundup: 5.9.13 – Second-Hand Asbestos Risk
May 9th, 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.
Family Members at Risk for Asbestos Disease
The recent case of John Mays, below, who died from 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.
The lawsuit filed on behalf of the estate of the late John Mays, claims he suffered secondary asbestos exposure through his father who was a laborer. 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
Schenectady, NY: An asbestos lawsuit has been filed on behalf of Norman Westover in the New York Supreme Court’s 4th Judicial District in Schenectady to recover damages for Mr. Westover’s lung cancer, which, according to the lawsuit, was allegedly caused by asbestos exposure.
According to the filed complaint, Mr. Westover was allegedly exposed to dangerous asbestos fibers on a daily basis during his twenty-plus-year career at the International Paper mill located in Ticonderoga, NY. International Paper purchased the pulp mill, which had been operating on the western shores of Lake Champlain near the Vermont border since the late 19th century, in 1926. In the late 1960s, International Paper began decommissioning the original mill and, in 1971, opened a new mill at the location which is still operating today. The mill produces 850 tons of paper a day, employs approximately 600 workers and contracts with 650 loggers and truckers in New York and Vermont.
International Paper was formed in 1898 upon the merger of 18 paper mills in the northeast. The company was responsible for supplying 60% of the newsprint in the country. International Paper’s Hudson River Mill, located in nearby Corinth, where the Sacandaga River joins the Hudson, was a major pioneer in the development of the modern paper industry. In the early 20th century, the Hudson River Mill was one of International Paper’s largest plants and served both as the company’s principal office and a place where paper workers helped shape the direction of the industry’s early labor movement.
As per the asbestos lawsuit papers, during his tenure at International Paper, Mr. Westover worked in both the original and new mill and he held a variety of positions that allegedly exposed him to asbestos fibers used in connection with mill machinery, including, but not limited to, cutters, dryers, rollers, boilers, pumps, and valves. Mr. Westover was also allegedly exposed to asbestos that was used in an abundance to insulate component parts of the original and new mill and the related piping and wiring. (digitaljournal.com)
St. Clair, IL: An asbestos lawsuit has been filed on behalf of Neda Flake-Mays, who is special administrator of the estate of John Mays, alleging 60 defendant companies caused Mays to develop lung cancer after his exposure to asbestos-containing products throughout his career.
According to the lawsuit, Mays worked as a bulldozer driver at Job Corps Cooking from 1963 until 1965, as flooring maker at E.L. Bruce from 1965 until 1967, as a wood paneling maker at Evans Products from 1967 until 1969 and as a chemical mixer and operator at Humko Chemical from 1969 until 1991. The complaint also claims Mays suffered secondary asbestos exposure through his father who was a laborer at Nikki Brothers.
Flake-Mays lawsuit claims the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiffs’ or their deceased relative’s safety.
As a result of his asbestos-related diseases, the lawsuit states Mays became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Further, Mays 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 her 10-count complaint, Flake-Mays is seeking a judgment of more than $150,000, economic damages of more than $200,000, punitive and exemplary damages of more than $50,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish the defendants, plus costs and other relief the court deems just.
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