Posts Tagged ‘ asbestos lawsuit ’
Asbestos News Roundup: 1.17.13 – Electrician Asbestos Risk
January 17th, 2013. By LucyC
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.
Electricians, Boiler and Furnace Technicians Asbestos Disease Risk
Electricians and electrical cable installers may not know it, but they are at risk for being exposed to asbestos through repair, demolition or installation work. This lethal, fibrous material was used in felted asbestos insulation or asbestos tape to insulate wiring. So working on old power lines, old wiring or breaker boxes would put electricians at risk for asbestos exposure. Older arc chutes also contain asbestos. It was used in circuit breakers, for example, before the mid-1980′s, when they were made of asbestos-containing plastic molding compound.
Boiler technicians, sadly, are also at risk from materials in the workplace. According to the Environmental Protection Agency (EPA), insulation blankets (the outside covering or shell), door gaskets, duct insulation, and tape at duct connections of furnaces and boilers can all contain asbestos. Technicians who worked on repairing boilers and furnaces in the past would have been at risk for asbestos exposure.
Asbestos was used between 1930 and 1972 as high-temperature insulation for oil, coal, or wood furnaces, generally found in older homes. Steam and hot water pipes were insulated with asbestos-containing material, particularly at elbows, tees, and valves. Pipes may also be wrapped in an asbestos “blanket”, or asbestos paper (which looks very much like corrugated cardboard). Asbestos-containing insulation has also been used on and inside round and rectangular furnace ducts. Sometimes the duct itself may be made of asbestos-containing materials.
Asbestos Lawsuit
Charleston, WV: 124 companies have been named as defendants in an asbestos lawsuit filed by Clarence Robert Nelson and his wife Isabell S. Nelson. The Kentucky-based couple alleges the companies are responsible for Mr. Nelson’s lung injuries: Clarence Nelson has been diagnosed with asbestosis and mesothelioma, according to the lawsuit.
The defendants are also charged with failing to warn the Nelsons of the dangers of asbestos products and failing to exercise reasonable care to warn Clarence Nelson of the dangers of being exposed to asbestos-containing products. Furthermore, the lawsuit claims the defendants failed to test the asbestos-containing products in order to ascertain the dangers involved and failed to test the other ingredients of their products to ascertain the dangers involved.
As a result of the defendants’ negligence, Clarence Nelson has suffered damages from medical treatment, drugs and other unknown medical measures; great pain of body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of his life expectancy, the asbestos lawsuit states.
The 124 defendants named in the suit are Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; American Biltrite, Inc.; Ametek, Inc.; Armstrong International, Inc.; Armstrong Pumps, Inc.; Aurora Pump Company; Baltimore Aircoil Company; Borg-Warner Corporation; Brand Insulations, Inc.; Cameron International Corporation; Carver Pump Company; Cashco, Inc.; Catalytic Construction Company; CBS Corporation; Certainteed Corporation; Chevron U.S.A., Inc.; Cleaver-Brooks, Inc.; Columbia Paint Corp.; Columbus McKinnon Corporation; Cooper Industries, Inc.; Copes-Vulcan, Inc.; Crane Company, Inc.; Crown Cork & Seal USA, Inc.; CSR, Inc.; Dana Corporation; Dezurik, Inc.; Dravo Corporation; Eaton Corporation; Eichleay Corporation; F.B. Wright Company of Pittsburgh; the Fairbanks Company; Fairmont Supply Company; Flowserve U.S., Inc. and its Byron Jackson Pump Division; Flowserve U.S., Inc., f/k/a Flowserve FSD Corporation; Flowserve U.S., Inc., f/k/a Flowserve FSD Corporation, as successor to Durco International and the Duriron Company; Flowserve U.S., Inc., f/k/a Flowserve FSD Corporation, as successor to Valtek International; Fluor Constructors International a/k/a Fluor Corporation; Fluor Constructors International, Inc.; Fluor Corporation; Fluor Enterprises, Inc.; FMC Corporation; Foster Wheeler, LLC; the Gage Company; Gardner Denver, Inc.; General Electric Company; General Refractories Company; Gentex Corporation; Georgia-Pacific Corporation; the Goodyear Tire & Rubber Company; Goulds Pumps, Inc.; Greene Tweed & Co.; Grinnell, LLC; Hinchliffe & Keener, Inc.; Honeywell International, Inc.; Howden North America, Inc.; IU North America, Inc.; IMO Industries, Inc.; Inductotherm Corp.; Industrial Holdings Corporation; Industrial Rubber Products; Ingersoll-Rand Company; ITT Corporation; J.H. France Refractories Company; J-M Manufacturing Company, Inc.; Jacobs Engineering Group, Inc.; Joy Technologies, Inc.; Joy Technologies, Inc. a/k/a and as successor-in-interest to Joy Mining Machinery; Lennox Industries, Inc.; Lindberg; Louden Crane Corporation; M.S. Jacobs & Associates, Inc.; Magnetek, Inc.; McJunkin Redman Corporation; Metropolitan Life Insurance Company; Minnotte Contracting Corporation; Morgan Engineering Systems, Inc.; Mueller Steam Specialty; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Pecora Corporation; Pneumo Abex Corporation; Power Piping Company; Premier Refractories, Inc.; Reading Crane; Riley Power, Inc.; Robinson Fans, Inc.; Rockwell Automation, Inc.; Rust Engineering & Construction, Inc.; Rust International Corp.; Safety First Industries, Inc.; the Sager Corporation; Saint-Gobain Abrasives, Inc.; Schneider Electric USA, Inc.; Seco/Warwick Corporation; Spirax Sarco, Inc.; SPX Cooling Technologies, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sullair Corporation; Sunbeam Products, Inc.; Sundyne Corporation; Surface Combustion; SVI Corporation; Swindell-Dressler International Company; Tasco Insulation, Inc.; Textron, Inc.; Trane U.S., Inc.; UB West Virginia, Inc.; Union Carbide Corporation; Velan Valve Corporation; Viking Pump, Inc.; Vimasco Corporation; Warren Pumps, Inc.; Washington Group International; Weil McLain Company; Welco Manufacturing Company; West Virginia Electric Supply Company; the William Powell Company; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)
Asbestos Law
Kankakee, IL: Mike Pinski, a developer from Kankakee, has been sentenced to serve six months in federal prison for his participation in illegal and unsafe removal of asbestos materials from a downtown Kankakee property in August 2009.
Pinski owned a five-story property at 197 S. West Ave. from which he arranged to have asbestos-containing material removed and dumped in a remote area of Pembroke Township—a violation of the Clean Air Act—by two men, Duane “Butch” O’Malley, and James A. Mikrut. Both O’Malley and Mikrut were previously sentenced for their roles in the offense. (dailyjournal.com)
Hall of Shame: OH School Allegedly Has Kids do Asbestos Cleanup
January 14th, 2013. By AbiK
The news clip here speaks for itself–but suffice to say if, indeed, this Ohio school had students clean up an abandoned YWCA building that was ridden with asbestos, its a disgrace. In this day and age, no one should be put in harm’s way due to asbestos exposure.
Asbestos News Roundup: 1.10.13 – Second Hand Asbestos
January 10th, 2013. By LucyC
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.
Second-Hand or Take Home Asbestos Exposure
Recently, it has become apparent that people can be affected by asbestos-caused diseases through secondary or passive exposure.
Also known as second-hand asbestos exposure or “take home” asbestos exposure, passive asbestos exposure refers to exposure to asbestos fibers that become embedded on a person’s clothing or in their hair—from either another person who has been in direct contact with asbestos or from indirect circumstantial exposure to asbestos.
For example, cases of second-hand asbestos exposure were recently reported by wives and children of men who worked in the shipyards in World War II. The workers were exposed to large amounts of damaged or “friable” asbestos while on the job, and their wives became came ill following exposure to asbestos fibers that had become lodged in the workers’ clothing. Over the years, the constant inhalation of these fibers resulted in the development of asbestos-related diseases. Case in point, the recently filed asbestos lawsuit concerning Gladys W. Williams, highlighted below.
And there have been asbestos lawsuits filed by children of men who worked around asbestos, and who developed asbestos-related illnesses.
Secondary asbestos exposure is also possible by living in a community or area located near an asbestos mine or a company that manufactures asbestos or products containing asbestos. Many older buildings may also contain asbestos insulation, including schools.
Asbestos Lawsuit
Jefferson County, TX: Roger Young, representing the estate of Melissa Young, has filed an asbestos lawsuit alleging Ms. Young was routinely exposed to asbestos due to her father’s employment at area facilities. The lawsuit names Chevron USA and Owens-Illinois as defendants.
According to the lawsuit, Melissa’s father worked as welder at the Chevron refinery, where he was exposed to asbestos. He then brought the asbestos home on his work clothes, exposing his daughter.
The lawsuit alleges Chevron was negligent in exposing workers to asbestos and failing to warn them of the health dangers. Young also claims Owens-Illinois was negligently manufacturing and selling asbestos products, and therefore alleges the defendants acted with malice, entitling him to exemplary damages.
St. Clair County, IL: Michael Dithmart has filed an asbestos lawsuit against 64 defendant corporations which, he alleges caused his recently deceased mother, Pauline Dithmart, to develop lung cancer after her exposure to asbestos-containing products throughout her career. Mrs. Dithmart died September 17, 2011, according the lawsuit states.
According to the lawsuit, Pauline Dithmart worked as a presser at The Garment Company from 1962 until 1970, as a laborer at Northwest Fabric Store in the late 1960s, as a bender at Collis Company from the late 1960s until the early 1970s and as a seed counter at Burpee’s Seed Company from the late 1970s until the early 1980.
The lawsuit also states that Dithmart was also secondarily exposed to asbestos fibers through her husband, Dale Dithmart, who worked as an engineer and fireman in the US Navy from 1944 until 1946, as a farm hand at Tom Anderson’s farm in 1944, as an apprentice machinist and a lathe operator at Climax Engineering company from in 1946, as an apprentice brick mason at Don Herring Construction Company from 1946 until 1950, as a member of the Bricklayers, Masons and Plasters International Union of America from 1946 until 1985, as a brick mason and foreman for Clinton Corn from 1955 until 1982 and as a security officer at Wells Fargo from 1983 until 1989.
According to the lawsuit, the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.
As a result of her asbestos-related disease, Pauline Dithmart incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, she became prevented from pursuing her normal course of employment and, as a result, lost large sums of money that would have accrued to her, her son claims.
In his complaint, Michael Dithmart is seeking a judgment of more than $100,000, economic damages of more than $200,000, compensatory damages of more than $100,000, punitive and exemplary damages of more than $100,000 and punitive damages in an amount sufficient to punish various defendants for their wrongdoing.
Asbestos Hot Spots
Berea, OH: A criminal investigation has been launched against a small religious school following reports that several dozen teenage students and others volunteered over several weekends to gut a building containing asbestos.
Some of the students involved were as young as 13. They reportedly removed asbestos-filled materials without any protective gear at the former YWCA on Smith Road in Middleburg Heights, said Cleveland Commissioner of Air Quality George Baker, who also works with the Ohio Environmental Protection Agency.
According to Baker, state regulations require that asbestos be removed from a building owner by certified asbestos removal contractors.
Darren Clink, who lives next door to the former YWCA, shot video footage of the illegal removal. The video shows a large cloud of dust dispersing in the air after debris was dropped into a dumpster.
“The entire site was contaminated with asbestos and the people who were doing it were all children,” said Clink. “The kids were loaded with it.”
Sterling Education, the company that oversees the school, runs 35 schools nationwide.
The Ohio EPA began investigating after receiving a complaint in early December, said Ron Fodo, an Ohio EPA criminal investigator who declined further comment because the case was in its early stages.
When regulators visited the site on Dec. 13, they found three dumpsters filled with debris believed to contain asbestos, as well as potentially contaminated material strewn about the property, according to Ohio EPA inspection reports. (wkyc.com)
Asbestos News Roundup: 1.3.13 – Hurricane Sandy Cleanup & Asbestos
January 3rd, 2013. By LucyC
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.
Hurricane Sandy Clean Up & Asbestos Risk
Hurricane Sandy left a path of destruction across many parts of heavily populated areas along the coasts of New Jersey and New York. Some estimates have put the total property destruction due to Hurricane Sandy at $20 billion.
Many of these damaged areas are currently in the process of demolition and rebuilding. Health expert have been warning people to be on the lookout for asbestos containing materials during this process. Many of the buildings damaged by Hurricane Sandy were constructed before the use of asbestos in building materials was banned, so they may contain asbestos in a wide variety of building materials that can be found both inside and outside of the property.
Even the process of drying out one of these damaged buildings can release asbestos fibers into the air. If not conducted properly, the drying process can result in airborne contaminants being spread throughout a property, even into areas not damaged by the storm.
According to the U.S. Environmental Protection Agency (EPA), “Exposure to airborne friable asbestos may result in a potential health risk because persons breathing the air may breathe in asbestos fibers. Continued exposure can increase the amount of fibers that remain in the lung. Fibers embedded in lung tissue over time may cause serious lung diseases including asbestosis, lung cancer, or mesothelioma.”
Consequently, people need to be aware of possible asbestos hazards in their properties. This is especially true for homeowners who are taking on the task of fixing their properties themselves, who may not realize that they may be exposing themselves, their family, or others to dangerous asbestos fibers.
Asbestos Lawsuit
Jefferson County, TX: The executrix of the estate of the late Arlis Hall has filed an asbestos lawsuit naming AMF and 16 other companies as defendants. In her lawsuit, Sherri Hall alleges the defendants negligently exposed her benefactor to asbestos. In addition to punitive damages, the plaintiffs are suing for their mental anguish and loss of companionship.
Specifically, the asbestos lawsuit claims that Arlis Hall was exposed to asbestos products throughout his career working at a refinery. The lawsuit alleges the defendants negligently manufactured, sold and used asbestos containing products despite having actual knowledge of the health hazards associated with the carcinogen.
The other defendants named in the suit include: B&B Engineering & Supply, Bridgestone Americas Tire Operations, Certainteed, Chevron U.S.A., E.I. DuPont De Nemours, Entergy Texas, ExxonMobil, Foster Wheeler Energy, Foster Wheeler USA, Goodyear Tire & Rubber, Guard-Line, Gulf Oil, Huntsman Petrochemical, Texaco, Wyeth Holdings and 4520 Corp. (setexasrecord.com)
Jefferson County, TX: Nelda Humble, the widow of Keltus Humble, has filed an asbestos suit naming Goodrich Corp. and Michelin North America as defendants.
In her complaint, Mrs. Humble claims that Keltus Humble was exposed to asbestos dust and fibers while employed by B.F. Goodrich in Jefferson County. “As a result of such exposure, Herbert Carmon developed an asbestos related disease, pleural disease and mesothelioma/lung cancer, from which she died a painful and terrible death on Sept. 9, 2012,” the asbestos lawsuit states.
The lawsuit claims the defendants were negligent in their failure to warn employees of the health dangers known to be associated with asbestos. (setexasrecrord.com)
Asbestos News Roundup: 12.27.12 – Welder, Pipefitter Asbestos Risk
December 27th, 2012. By LucyC
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.
Asbestos Risk for Welders, Construction Workers and Millwrights
Many of the materials used in construction, including welding, pipefitting, and millwright work, contained, or in some cases still contain asbestos. By the mid-20th century asbestos was being used in fire retardant coatings, concrete, bricks, pipes and fireplace cement, heat, fire, and acid resistant gaskets, pipe insulation, ceiling insulation, fireproof drywall, flooring, roofing, lawn furniture, and drywall joint compound.
It wasn’t until the 1980s that the knowledge of the dangers of asbestos exposure and related asbestos disease became more widely known amongst the general public. Consequently, millions of men and women likely worked on or around asbestos without any protection for decades.
It would not be uncommon for people to work with asbestos-containing products, either installing or removing them, which would send asbestos fibers into the air. The fibers are inhaled, and settle on people’s clothing—and that’s how asbestos disease begins. People who become ill from asbestos are usually exposed to it on a regular basis, hence the hundreds of asbestos lawsuits we are seeing now. Just such a situation is currently being reviewed by the Workers’ Compensation Board of West Virginia, as we detail below.
Asbestos Lawsuit
St. Clair County, IL: An asbestos lawsuit naming B.F. Goodrich and Michelin North America as defendants has been filed by the widow of the recently deceased Herbert Carmon.
According to the asbestos lawsuit, Carmon was employed by B.F. Goodrich in Jefferson County, where he was exposed to asbestos dust and fibers. “As a result of such exposure, Herbert Carmon developed an asbestos related disease, pleural disease and mesothelioma/lung cancer, from which she died a painful and terrible death on July 24, 2011,” the lawsuit states.
The lawsuit accuses the defendants of negligently failing to warn employees of the dangerous of asbestos. Carmon’s widow is suing for exemplary damages. (setexasrecord.com)
Asbestos Workers’ Compensation
Charleston, WV: A decision by the West Virginia Workers’ Compensation Board (WCB) has been overruled by the state Supreme Court, in a case of occupational pneumoconiosis.
In his Workers’ Compensation claim, Jeffrey Murray alleges that as a result of his exposure to dust during his employment with Alcan Rolled Products he now suffers from occupational pneumoconiosis.
A Mr. Merrifield, an industrial hygienist for Alcan, acknowledged the presence of “asbestos, refractory ceramic fibers, and fiberglass” that had the potential of becoming airborne at the plant during the time of Murray’s employment. However, Merrifield claimed the levels of airborne fibers were not at such a level so as to be harmful to Murray after February 13, 1994.
The judges hearing Murray’s case found the data used to back up Merrifield’s assertions did not fully meet the criteria demanded by the applicable state statute. Specifically the judges wrote “there was no sampling data covering the area where Mr. Murray worked when he was employed in the finishing department from February 14, 1994, to March 7, 1994, or when he was employed in the plate department from November 21, 2002, to January 19, 2003.”
The panel of WBC judges also found a “lack of consistency in the time period between sampling conducted in each department” and that these failures triggered a statutory presumption that Murray’s respiratory issues were due to occupational hazards at Alcan.
However, the Board of Review has overruled the Board of Judges, asserting that Alcan was in compliance with OSHA’s dust limits during the times in question and Murray was therefore not entitled to the statutory presumption that his illness was caused by his employment hazards. Specifically, the Supreme Court found fault with both the Board of Judges and the Board of Review. At issue was the amount of time Murray was allegedly exposed to asbestos. They have remanded the case back to the board for proceedings consistent with its opinion. (wvrecord.com)
Asbestos Law
Anchorage, AK: An Alaska company has been fined $70,000 and placed on three years of probation for releasing asbestos into the air in Anchorage.
Chief US District Court Judge Ralph R. Beistline (BISTE’-line) last week also ordered Copper River Campus to hire an environmental consultant to make sure it commits no more violations. Copper River Campus owns and manages buildings used by Copper River Seafoods on East 5th Avenue.
The US Attorney’s Office says the company knew buildings contained dangerous asbestos but ordered them to be demolished or renovated in March 2010.
Inspectors from the Environmental Protection Agency halted the work. Prosecutors say the work put friable chrysotile asbestos, the most common variety, into the air. (insurancejournal.com)
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