Posts Tagged ‘ asbestos lawsuit ’
Asbestos News Roundup: 9.6.12 – Community Asbestos, Asbestos Respirators
September 6th, 2012. 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 Exposure in the Community
You don’t have to work with asbestos containing products to suffer its effects. It is also possible to suffer asbestos exposure 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.
Perhaps the most famous victims of community contamination in North America are the residents of Libby, Montana, an asbestos-mining town. Vermiculite, which naturally contains asbestos, was mined there between 1923 and 1991. Workers and families of workers who lived in the town sued W.R. Grace, the last company to own the mine. At one point the company reportedly faced 110,000 lawsuits for sickening hundreds of people and contributing to the deaths of 225—allegedly with full knowledge.
Other examples of community exposure include the World Trade Center site after the terrorist attacks of September 11, 2001, and areas prone to damage from natural disasters like Hurricane Katrina. But it doesn’t take a disaster for asbestos exposure to occur locally in your community—our Asbestos Hot Spot Map shows locations across the US in which asbestos has been an issue and, in many instances, asbestos abatement has been needed.
Most recently, hundreds of former residents of an asbestos-mining town in British Columbia Canada are deeply concerned about their asbestos exposure. According to the CBC, an estimated 50,000 people were employed over the lifetime of the Cassiar mine, which closed in 1992. They lived with their families in the now-abandoned town, about 220 kilometers south of the B.C.-Yukon border. The employees who worked in the mine were not issued with face masks, despite asking for them.
Asbestos Lawsuits
Olympia, WA: A lawsuit brought against respirator makers by a now-deceased shipyard worker, Leo Macias, will go forward, says the Washington Supreme Court.
Macias, who worked at Todd Shipyards, developed cancer as a result of cleaning respirators worn by other workers when they dealt with asbestos and other dangerous materials. In the lawsuit, Marcias claims the manufacturers never issued warnings that cleaning the respirators could be dangerous.
The state Court of Appeals threw out his lawsuit reasoning that it was the asbestos not the respirators that caused Marcias’ cancer, and consequently he couldn’t sue the respirator makers, Saberhagen Holdings, Inc. The Supreme Court reversed that in a 5-4 decision. Chief Justice Barbara Madsen wrote that when used as intended, the respirators posed a danger to anyone who cleaned them, and thus, Macias should have been warned. (Seattletimes.com)
Pasadena, CA: Residents of Harris County are suing Betesda Iglesia Hispana International and Ruben Perez, of Pasadena over allegations they were misled into buying asbestos-contaminated property in Pasadena.
Raul Rodriguez and Jose Juan Gonzalez filed the lawsuit, Harris County District Court Case No. 2012-44020, citing fraud, conspiracy to commit fraud and breach of contract.
In their lawsuit, the plaintiffs claim that on March 23, 2011 the defendants tricked them into buying asbestos-contaminated property, located at 600 Walter St. in Pasadena. In addition to hiding the asbestos, the defendants also failed to disclose that they were leasing the property and collecting rent, even after the sale was final, according to the lawsuit. The plaintiffs are seeking attorney’s fees, court costs and damages. (Ultimateclearlake.com)
Asbestos News Roundup: 8.30.12 – Asbestos Drilling Mud
August 30th, 2012. 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 Drilling Mud puts Oil Industry Workers at High Risk for Asbestos Disease
Drilling mud is widely used in the oil industry, both onshore and offshore, to help cool the drill bit and flush debris from the well hole during drilling. Many oilfield workers may have been exposed to toxic asbestos products without knowing its harmful, and often lethal, effects.
Drilling mud composition contained asbestos, which led to mud engineers being exposed to asbestos drilling mud, and the potential to develop asbestos-related disease such as asbestos mesothelioma. The two drilling mud brands that were mainly used were Flosal and Visbestos: both products were packaged in 50 lb. bags and were used for sweeping the hole as a viscosifier.
Asbestos Lawsuits
Pasadena, CA: Raul Rodriguez and Jose Juan Gonzalez have filed an asbestos lawsuit alleging they were misled into buying asbestos-contaminated property in Pasadena.
Filed in District Court against Betesda Iglesia Hispana International and Ruben Perez, of Pasadena, the lawsuit alleges fraud, conspiracy to commit fraud and breach of contract.
In their lawsuit, Rodriguez and Gonzalez say on March 23, 2011, the defendants tricked them into buying asbestos-contaminated property, located at 600 Walter St. in Pasadena. In addition to hiding the asbestos, the lawsuit claims the defendants also failed to disclose that they were leasing the property and collecting rent, even after the sale was final. The plaintiffs are seeking attorney’s fees, court costs and damages. (ultimateclearlake.com)
Asbestos Settlements
Los Angeles, CA: A California man who contracted the lung disease mesothelioma after being exposed to asbestos at work has won an important ruling that prevents Lorillard Tobacco Company from further delaying a civil damages trial by attempting to get the case transferred to federal court.
Doctors for Dimitris O. Couscouris have told him that he may have only months to live, but the Simi Valley resident and his wife have continued to pursue their claims against Lorillard and other defendants as part of a lawsuit originally filed in December of last year. The lawsuit alleges the companies exposed Mr. Couscouris to asbestos, which led to his developing asbestos mesothelioma.
In May 2012, Lorillard attempted to have the case removed to federal court, claiming that Mr. Couscouris could not have been exposed to products manufactured by the defendants that were based in California. However, U.S. District Court Judge George H. King denied Lorillard’s motion and remanded the case to state court. The company then attempted to remove the case to federal court a second time, but Judge King denied the second attempt on Aug. 1, 2012.
Lorillard then appealed Judge King’s ruling to the 9th U.S. Circuit Court of Appeals, and filed a motion to stay all the proceedings in state court during the appeal. On Aug. 21, 2012, Judge King denied Lorillard’s motion to stay, finding that “Lorillard has failed to establish that it is entitled to a stay of all state court proceedings,” and that “Lorillard is not likely to succeed on the merits of its appeal.” (PRNewswire.com)
Bellingham, WA: Schools in Bellingham must be tested for asbestos – the state Department of Labor Standards (DLS) declared this week. The DLS claims the school district has not followed its regulations.
Under the Asbestos-Containing Materials in School requirements, enacted in 1986, schools have to develop an asbestos-management plan and designate a person trained to handle it. That person must test for asbestos every three years following the plan’s implementation.
Maintenance Director Roger Oakley, who was hired this summer, said he could not find evidence that the district had ever created a plan or appointed someone to look for asbestos: he estimated that it has not tested for asbestos in nearly 20 years. (milforddailynews.com)
Asbestos News Roundup: 8.23.12 – DIY Renovation Asbestos Risk
August 23rd, 2012. 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.
Do-It-Yourself Home Renovation Asbestos Risk
Many people decide to renovate their homes, not knowing fully, the dangers that may lurk within the walls, ceilings or floors of their homes. Those dangers can include asbestos in older homes. For example, asbestos siding was commonly used in construction years ago, making older homes a danger zone for asbestos mesothelioma. Like flooring, siding material was covered by asbestos to make it more durable and fire retardant. When these materials are disturbed—ripped off or torn out for example, they release asbestos fibers into the air, which people in immediate proximity then breathe in.
Equally important, when considering renovations, is hiring a reputable contractor who has the appropriate qualifications and licensing to remove asbestos. It is possible to be duped, as the case below brought by the state of New Jersey, shows.
Asbestos Lawsuits
Woodbridge, NJ: William T. Muzzio Jr., a 50-year old contractor living in Woodbridge, has been charged by a state grand jury with dozens of counts of unlicensed asbestos abatement in connection with asbestos work that his unlicensed business performed at numerous homes and schools, including nine schools in Woodbridge Township.
Woodbridge is facing 36 counts of removing or encapsulating asbestos without a license and two counts of forging documents saying he was licensed to remove the hazardous material, among other charges, according to the NJ Attorney General’s office.
New Jersey state agencies began investigating Muzzio and his business, Citadel Environmental Consultants, in March after a daycare facility in Union Township, NJ hired Muzzio to remove pipe insulation containing asbestos from its basement boiler room and it was discovered that Muzzio wasn’t licensed to perform the work.
The Department of Labor and Division of Criminal Justice conducted inspections in March at the daycare facility and allegedly discovered dust and debris containing asbestos in the boiler room and an adjacent crawl space.
Muzzio had allegedly performed unlicensed asbestos encapsulation at nine public schools in Woodbridge between April, 2011 and June, 2011. Rather than remove the asbestos, Muzzio was hired to seal the insulation that contained asbestos to prevent it from being broken up and released into the air. In four of the schools, he allegedly removed asbestos floor tiles.
The schools in Woodbridge in which Muzzio allegedly removed or treated asbestos are:
• Woodbridge High School, Woodbridge
• Colonia High School, Colonia
• John F. Kennedy High School, Iselin
• Kennedy Park School, Iselin
• Matthew Jago Elementary School, Sewaren
• Oak Ridge Heights School, Colonia
• Woodbridge Middle School, Woodbridge
• Ross Street School, Woodbridge
• Fords Middle School, Fords
(woodbridgepatch.com)
Asbestos Law
Saratoga Springs, NY: Springs Housing Authority is facing fines brought by New York state for failing to perform an asbestos survey on a property that it had demolished and contained the potentially hazardous material.
The state Labor Department slapped the SSHA with a $1,000 civil penalty for tearing down a home at 36 Allen Drive that it managed for the Saratoga Springs Affordable Housing Group, according to records obtained this week through a Freedom of Information request. The state also cited the SSHA for using an unlicensed and non-certified contractor to handle the material that contained the asbestos, records state.
The building was demolished in 2009 for new housing units, according to the documents. The state received a complaint about the project on Feb. 26, 2010, and inspected the site days later. Results from lab tests on materials from the site indicated the home’s linoleum flooring “was at least 35 percent asbestos,” according to the state Labor Department. (timesunion.com)
Asbestos News Roundup: 8.16.12 – Electrician Asbestos Risk
August 16th, 2012. 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.
Electricians and Asbestos 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.
Recently, an asbestos lawsuit filed by six workers in Tennessee has made media headlines, because the workers were exposed to asbestos when dismantling outdated synchronous condensers, among other things.
Asbestos Lawsuits
Galveston, TX: The family of the late John B. Fielder has filed suit against several companies alleging the defendants are responsible for Fielder’s death from lung cancer two years ago.
The lawsuit asserts that El DuPont Nemours and Co., 4520 Corp., Foster Wheeler Energy Corp. and Zurn Industries LLC contributed to Fielder’s illness and eventual death on July 28, 2010. Fielder was employed by DuPont as a pipe fitter at the company’s facilities in La Porte from 1955 to 1961. The asbestos lawsuit asserts that during that time he was exposed to asbestos dust and fibers which resulted in his cancer.
The lawsuit states DuPont “was aware, or should have been aware, of the dangers associated with exposures to asbestos at the premises where the plaintiffs’ decedent worked.”
“Nevertheless, defendant DuPont failed to warn employees, invitees and contractors of the dangers associated with occupational exposure to asbestos and required employees, contractors and/or invitees such as the decedent to work with or in proximity to asbestos without the necessary precautions to avoid dangerous exposures,” the lawsuit states.
Foster Wheeler, Zurn and 4520 Corp. are faulted for manufacturing, selling, designing, supplying distributing, mining, milling, relabeling, reselling, processing, applying or installing insulation and machinery that was “poisonous and highly harmful.”
Asbestos Law
Seattle, WA: A landmark decision by the Washington State Supreme Court will allow many asbestos victims to pursue legal claims against respirator manufacturers and other equipment manufacturers who may have failed to provide adequate warnings about asbestos exposure.
The plaintiff in the case, Leo Macias, worked as a tool keeper in a shipyard in which asbestos was present. As part of his normal duties he cleaned and maintained respirators used by workers who were exposed to asbestos. Macias alleged that he was exposed as a result and developed mesothelioma. He filed suit against the Shipyard and the manufacturer of the respirators.
The respirator manufacturers moved for summary judgment claiming that the company had no duty to warn its customers about possible asbestos exposure because of standing precedent in two previous asbestos cases. The trial court denied the motion, but an appellate court reversed, sending the case to the Washington State Supreme Court.
In a hotly contested and widely-watched 5-4 decision, the court ruled in favor of Macias, distinguishing existing precedent from the case and rejecting the manufacturer’s motion for summary judgment.
The ruling is a landmark decision in asbestos litigation, according to Macias’ attorneys. The respirator manufacturers had argued that because their products did not contain asbestos, they were not responsible for Macias’ exposure.
However, the court’s majority opinion rejected their arguments, noting that, “The very purpose of the respirators would, of necessity, lead to high concentrations of asbestos (and/or other contaminants) in them, and in order to reuse them as they were intended to be reused, this asbestos had to be removed.”
The court has remanded the case back to the trial court, where it will proceed, with a trial scheduled for early 2013.
Asbestos News Roundup: 8.2.12 – Welder, Pipefitter Asbestos Risk
August 3rd, 2012. 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.
Welders, Construction Workers and Millwrights Asbestos Risk
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.
Asbestos Lawsuits
Charleston, WV: Lillian Reilly, the widow of the late James Reilly, is suing 53 companies she claims are responsible for her husband’s lung cancer and death. Mrs. Reilly claims her husband was exposed to asbestos during his employment as a welder and millwright from 1965 until 1997.
James Reilly was diagnosed with lung cancer on September 2, 2011. He died less than a year later on April 27, 2012 according to the lawsuit.
Mrs. Reilly claims the defendants failed to warn her husband about the dangers of asbestos, and that the defendants also failed to supply him with proper apparel to wear while handling asbestos.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the lawsuit.
Lillian Reilly is seeking a jury trial to resolve all issues involved. The 53 companies named as defendants are A.W. Chesterton Company; Air & Liquid Systems Corporation; Armstrong International, Inc.; Aurora Pump Company; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve U.S., Inc. f/k/a Durco International, Inc.; Flowserve U.S., Inc. f/k/a Flowserve FSD Corporation; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell, Inc.; Howden North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; Lockheed Martin Corporation; McJunkin Corporation; Morgan Engineering Systems, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; P&H Mining Equipment, Inc.; Rapid American Corporation; Reading Crane and Engineering Company; Riley Power, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Surface Combustion, Inc.; Swindell Dressier International Corporation; Tasco Insulations, Inc.; The Alliance Machine Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yarway Corporation; and Zurn Industries, Inc. (WVRecord)
Charleston, WV: Daphene Y. Steele has filed an asbestos lawsuit against 41 companies she claims are responsible for her husband’s lung cancer and death.
On December 22, 2010, William Y. Steele was diagnosed with lung cancer. He died from the disease on November 21, 2011, according to the lawsuit.
Mrs. Steele claims he was exposed to asbestos during his employment as a laborer and coal miner from 1965 until 1991. She further claims that the defendants failed to warn her husband about the dangers of asbestos, and also failed to supply him with proper apparel to wear while handling asbestos.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the asbestos lawsuit.
Daphene Steele is seeking a jury trial to resolve all issues involved. The 41 companies named as defendants are 3M Company; A.W. Chesterton Company; Borg-Warner Corporation; Caterpillar, Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve FSD Corporation; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company; Genuine Parts Company; Goulds Pumps, Inc.; Grinnell, LLC; Honeywell International; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; Maremont Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; Pneumo Abex Corporation; Protective Treatments, Inc.; Rapid American Corporation; Riley Stoker Corporation; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc.; The Goodyear Tire & Rubber, Co.; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; and Vimasco Corporation.
Charleston, WV: A couple from Kentucky has filed an asbestos lawsuit naming 54 companies they claim are responsible for Randy Carson Fields’ asbestos lung cancer diagnosis.
Mr. Fields was diagnosed with lung cancer, according to the lawsuit, on September 29, 2011. Fields claims he was exposed to asbestos during his employment at various mining and coal companies from 1963 until 1987.
The lawsuit alleges the defendants failed to warn Mr. Fields about the dangers of asbestos, and that they failed to supply him with proper apparel to wear while handling asbestos.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the lawsuit.
Fields and his wife, Mabel Lou Fields, are seeking a jury trial to resolve all issues involved. The 54 companies named as defendants are 3M Company; A.W. Chesterton Company; Aurora Pump Company; Borg-Warner Corporation; Caterpillar Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve FSD Corporation; Flowserve U.S., Inc.; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; Genuine Parts Company; Goulds Pumps; Grinnell, LLC; Honeywell International; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand; ITT Corporation; Joy Technologies, Inc.; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; P&H Mining Equipment, Inc.; Pettibone/Traverse Lift, LLC; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid-American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; Sears, Roebuck And Co.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc; The Goodyear Tire & Rubber, Co.; Uniroyal, Inc.; United Conveyor Corporation; Viacom, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, LLC. (WVRecord)
Asbestos Settlements
New Castle, DE: A Delaware jury has awarded a $2.86 million verdict to the family of Michael Galliher, who died from asbestos mesothelioma. The lawsuit was filed against RT Vanderbilt In re Asbestos Litigation Michael Galliher, No. 10C-10-315 (Del. Super. Ct., New Castle City.). The settlement is the largest asbestos verdict against a single defendant in Delaware in over a decade.
Michael Galliher, of Mansfield, Ohio, was diagnosed with pleural mesothelioma in August 2010. He died months later on February 3, 2011 at the age of 62. While working at Crane Plumbing Fixtures Factory for nearly 40 years, Galliher used a talc powder contaminated with asbestos fibers to dust large molds of sinks, bathtubs and other ceramic fixtures. The asbestos fibers came from a mine in Gouverneur, NY, owned and operated by RT Vanderbilt Company, Inc.
Expert testimony during the trial linked Galliher’s exposure to talc dust containing asbestos fibers. RT Vanderbilt did not list the proper safety warning on the talc powder.
“The magnitude of Mr. Galliher’s exposure is immeasurable,” said the attorney representing Galliher. “Like many Americans, he worked hard his entire life so he could enjoy retirement with his grandchildren. Instead, it caused him to be exposed to asbestos and develop a deadly cancer.”
Six years before his death, Galliher retired to spend more time with his grandchildren, family members said. His three local grandchildren would visit him and his wife almost daily. He taught them how to garden and play baseball. He would also take them on regular trips to a local lake or mushroom hunting. He passed away just two weeks shy of his 33rd wedding anniversary.
Founded in 1916, RT Vanderbilt is a mining and manufacturing company that sells more than sixty categories of minerals and chemicals used in over 800 products in industries including the rubber, plastic, petroleum, ceramic, cosmetic, and household products industries.
The verdict applies 100 percent liability to the company. (PR Newswire)
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