Posts Tagged ‘ asbestos lawsuit ’
Asbestos News Roundup: 12.22.11
December 22nd, 2011. 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
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Asbestos Lawsuit
St. Clair County, IL: An asbestos lawsuit has been filed by Larry Southerland naming 22 defendant corporations which, he alleges, caused him to develop lung cancer.
In his lawsuit, Southerland states that he worked as a drywall installer in the Atlanta area at Garner Drywall from 1974 until 1980 and as a drywall installer at Davco Construction from 1980 until 1993. It was during this time and while working at these companies that he claims he was exposed to asbestos-containing products. The lawsuit states that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the Southerland’s safety.
As a result of his asbestos-related disease, Southerland became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, he alleges in the lawsuit .
In his five-count complaint, Southerland is seeking a judgment of more than $50,000, compensatory damages of more than $100,000 and punitive and exemplary damages of more than $100,000, plus other relief the court deems just. (madisonrecord.com)
Asbestos Settlement
Seattle, WA: A jury has awarded an 84-year-old man from Vashon Island, Washington, a $1.45 million settlement in his asbestos lawsuit. The jury hearing his case ruled that Roger Hammett’s employers were responsible for his asbestos exposure and therefore liable for his developing asbestos-related mesothelioma. Hammett has been given less than a year to live.
According to news reports, Hammett worked as a messman on board the SS Seattle 45 years ago, during which time he alleges he breathed asbestos fibers from pipe insulation, which ultimately led to his development of asbestos mesothelioma.
Three years ago Hammett sought medical attention, believing he was suffering from asthma. However, after collapsing while gardening, he was told he had terminal asbestos-related disease. (KOMO News)
Asbestos News Roundup: 12.15.11
December 15th, 2011. 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 Alert for Christmas Decorations
Often people store Christmas decorations out of the way and the loft or attic space may seem like the perfect option. Many homeowners are not aware of the asbestos which may be present in their homes and that they could have unknowingly disturbed it when using loft or attic space as storage. Homes built before 2000 may contain asbestos as this was a very popular building material.
If you are unsure if asbestos presents a risk within your property, you should obtain a survey to identify its presence, and seek advice on any asbestos containing materials which they suspect may be present in your home. (industrytoday.co.uk)
Asbestos Law
Charleston, WV: A couple from Ravenswood have named 69 companies as defendants in their asbestos lawsuit, alleging the companies are responsible for Marcine Law’s lung cancer diagnosis.
Mr. Law was diagnosed on October 19, according to the lawsuit. Law and his wife, Mary Law, claim the 69 defendants failed to warn them of the dangers of asbestos exposure.
The defendants are being sued based upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the lawsuit.
The 69 defendants named in the suit are: A.W. Chesterton Company; Atlas Industries, Inc.; Aurora Pump Company; BWIP, Inc.; Catalytic Construction Company; Caterpillar, Inc.; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Company; Crown, Cork & Seal Co., Inc.; DeZurik, Inc.; Dravo Corporation; Eaton Electrical, Inc.; F.B. Wright Company; Flowserve US, Inc. F/K/A Durco International, Inc.; Flowserve US, Inc. F/K/A Flowserve FSD Corporation; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; George V. Hamilton, Inc.; Goulds Pumps, Inc.; Grinnell Corporation; Hercules, Inc.; Honeywell International F/K/A Allied Signal, Inc.; Honeywell, Inc.; Howden Buffalo, Inc.; I.U. 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; Metropolitan Life Insurance Company; Morgan Engineering Systems; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Pettibone/Traverse Lift, LLC; Pneumo Abex Corporation; PPG Industries, Inc.; Premier Refractories, Inc.; Reading Crane and Engineering Company; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems, LLC; Sunbeam Corporation; Surface Combustion, Inc.; Swindell Dressler International Company; Tasco Insulations, Inc.; the Alliance Machine Company; the Gage Company; UB West Virginia, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; West Virginia Electric Supply; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, Inc. (WVRecord.com)
Asbestos News
Edwardsville, IL: Madison County Circuit Judge Barbara Crowder has said she will return $30,000 in campaign donations—donations which resulted in her being removed from her assigned asbestos cases in south-western Illinois.
Crowder was relieved of the asbestos cases Tuesday, and her cases were given to Associate Judge Clarence Harrison. The county’s chief judge, Ann Callis, says she transferred the cases away from Crowder, in consultation with circuit judges, “to maintain the public trust in a fair and unbiased judiciary.”
Crowder has denied any association between the contributions made by asbestos law firms and her decisions as the asbestos judge. (therepublic.com)
Asbestos Obituary
Sydney, Australia: Harold Hopkins, who appeared in several important Australian movies including Gallipoli, The Year My Voice Broke, Don’s Party, and The Club, passed away on December 10. According to reports, Hopkins had asbestos-related mesothelioma which caused his death.
Hopkins, who was 67, is supposed to have been exposed to asbestos right after finishing high school, while working as an apprentice carpenter sheeting asbestos in Queensland in the early 1960s. (altfilmguide.com)
Asbestos News Roundup: 12.9.11
December 9th, 2011. 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 News
New York, NY: Parks officials in New York have secured $15 million in funding for the building demolition of the former Kings Park (N.Y.) Psychiatric Center grounds. The project could begin as early as May 2012. According to a recent article in the Long Island Times Beacon Record, seven of the buildings set for demolition have been condemned because they contain asbestos or are unsafe to enter. A state parks official said tanker trucks will be used to wet down the demolished structures in order to prevent the asbestos dust from becoming airborne.
Asbestos contamination is always a concern when older buildings are renovated or demolished. Although asbestos is recognized today as a carcinogen by most authorities, including the Environmental Protection Agency (EPA), it was widely used in construction and building materials in the U.S. through the 1970s.
East Flushing, NY: Residents of the Pomonok Houses project in Queens, NY, are facing the reality that their homes are seriously contaminated with asbestos. Built 60 years ago, Pomonok Houses contains asbestos in the building and insulation materials, which is constant cause for concern among the residents.
According to an article in the Queens Tribune, the building managers have attempted to cover-up the fact that asbestos is present in the floor tiles in the majority of the units. However, an exterminator who was called in to deal with bedbugs confirmed the presence of asbestos, and the secret was out, the tenants say. So far, no one has come forward to remedy the situation. (mesothelioma.com)
Asbestos Law
Vancouver, BC: Arthur Moore of AM Environmental will receive sentencing on January 23, 2012, after being found guilty of ignoring orders from WorkSafeBC and the B.C. Supreme Court to stop exposing “vulnerable” workers to asbestos.
According to a report in the Vancouver Sun, WorkSafeBC inspectors found Moore did not provide employees with protective clothing while they were demolishing homes with asbestos-contaminated drywall. Some of those employees were reportedly as young as 14 years of age. Moore continued to operate in this manner despite restraining orders from the B.C. Supreme Court.
A lawyer for the Workers’ Compensation Board told Justice Richard Goepel that Moore “contrary to the court’s order exposed workers as young as 14 to a life threatening substance.” He said WCB statistics on the effects of asbestos were unequivocal.” Asbestos kills. It was the leading killer of workers in B.C. in 2009, responsible for 44 per cent of all deaths arising from employment.” Moore could be looking at a jail sentence of between 6 and 12 months. (Vancouversun.com)
Asbestos-Containing Products Alert
Fife, Scotland: A news report by the Courier–out of Scotland– indicates that the popular Chinese lanterns used by many to celebrate weddings, birthdays and memorials contain asbestos. The lanterns were the recent subject of an intensive investigation after officials discovered the problem. A trading standards officer from Perth and Kinross told the paper, ”The lanterns were coated in a form of asbestos and appropriate enforcement action was taken immediately to prevent their sale to the public.”
The investigation traced the manufacturer to China, although names were not released. While significant efforts have reportedly been made to improve the safety of the paper lanterns, low quality Chinese lanterns remain available on the market in the UK that should not be for sale. They may also be for sale in other countries.
Asbestos News Roundup: 12.1.11
December 1st, 2011. 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 News
Montreal, PQ: Asbestos mining has stopped in Canada, for the first time in 130 years, with mining suspended at both sites in the country that produce the toxic substance. Management at the Jeffrey underground asbestos mine is currently waiting for a $58-million loan guarantee from the Quebec government. Plans to resume production at the end of 2010 have been delayed considerably. Lac d’amiante du Canada ceased mining near Thetford Mines earlier this month.
According to a report in the journal, Canadian Mining News, “Canada supplied 85% of the world’s asbestos needs in the early 1900s, and production peaked in the early 1970s. Concerns about the safety of using the fibres has led to a sharp drop in demand in the last 20 years.” Despite pleas from many countries and organizations around the world to close the Jeffrey mine permanently, investors hope to resume production at the mine next spring. (Canadian Mining New.com)
Libby, MT: Asbestos is still being found in the water originating from creeks in and around Libby, the home of the now defunct W.R. Grace & Co mine site.
As a result, federal officials are now in talks with the mining company about ways to clean up the toxic substance which is washing into the Kootenai River. According to media reports, officials don’t know how far downstream the asbestos contamination goes.
The WR Grace Vermiculite mine closed 20 years ago, but high amounts of asbestos are still very much present in the region. The vermiculite ore mined at the site was used for domestic insulation products. The mine generated asbestos dust for miles, and as a consequence, some 400 people have died from diseases related to the dust; nearly 2,000 others have become sick. (kfbb.com)
Asbestos Law
Madison, WI: J.B. Van Hollen, the attorney general for Wisconsin, has issued an order to pay $50,000 in forfeitures and costs to Rolling Meadows Development LLC, an Oshkosh-based development company and contractor Brian Fuchs for alleged violations of state laws regarding the proper handling of asbestos.
According to the complaint, Rolling Meadows Development LLC and Brian Fuchs allegedly committed a series of asbestos violations during the renovation of a former residence care facility into a hotel and conference center located at 1155 South Military Road in Fond du Lac. The property was owned by Rolling Meadows and the company hired Fuchs to renovate the site.
The complaint alleged that during the renovation, which took place between November 18, 2009, and April 9, 2010, Fuchs and his employees, demolished interior walls and disturbed asbestos-containing material on site, and that they did not have certified asbestos workers on hand, among other charges. Legally certified asbestos workers are required by Wisconsin law in these types of situations.
The complaint also claimed that the required notification of asbestos disturbing activity was not forthcoming at the site prior to the work beginning. (Legal Newsline.com)
Asbestos News Roundup: 11.24.11
November 25th, 2011. 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 Lawsuits
Charleston, WV: A man from Columbus, Ohio, is suing 51 companies in an asbestos lawsuit. Ray Berdell Karns alleges that the defendants exposed him to asbestos and caused his lung cancer diagnosis.
Mr. Karns was diagnosed with lung cancer on November 6, 2009, according to his lawsuit. While employed as a laborer, mechanic, truck driver, drywall worker and machinery operator from the 1950s until 1974, Karns claims he was exposed to asbestos and/or asbestos containing fibers.
The defendants are being sued based upon 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.
The 51 defendants named in the suit are: 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; Borg-Warner Corporation; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Crane Company; Dravo Corporation; Eaton Electrical, Inc.; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company, Inc.; Genuine Parts Company; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell International; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation d/b/a Bell & Gossett Pumps and d/b/a Kennedy Valves; ITT Corporation d/b/a Hammel Dahl Valves; Kelsey-Hayes Company; Maremont Corporation; Metropolitan Life Insurance Company; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pneumo Abex Corp.; Premiere Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Rockwell Automations, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc.; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; Weil-McLain Company; and Zurn Industries, Inc.
Asbestos Settlements
St. Joseph, MO: An asbestos lawsuit reached settlement recently, between an engineering firm accused of mishandling asbestos in the Jackson County Courthouse and Nancy Lopez, who worked for 27 years in the Jackson County Courthouse in Kansas City, and subsequently died from asbestos related illness stemming from asbestos exposure.
According to a report in NewsPressNow “U.S. Engineering didn’t follow the proper rules and procedures. And there are still significant amounts of asbestos in the courthouse.”
Nancy Lopez’s mother, Ruth Lopez, testified at trial, that her daughter died in October 2010 from asbestos mesothelioma, a type of cancer caused by asbestos exposure. After discussion with her sons, Mrs. Lopez agreed to a $10 million settlement from U.S. Engineering Co. “This is the largest asbestos settlement in Missouri but no amount of money will replace the life lost,” the Lopez’s attorney said.
Under terms of the settlement, the law firm will receive just over $4 million and Mrs. Lopez will receive $5.9 million.
For a large number of employees at the Courthouse, a class action lawsuit seeking expenses for medical monitoring and evaluation remains underway. (newspressnow.com)
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