Posts Tagged ‘ asbestos lawsuits ’
Monday Minute 4.23: Legal News, Lawsuits & Settlements You Might’ve Missed
April 23rd, 2012. By AbiK
Lots going on in legal news that you might’ve missed this past week–starting with our latest Lawyers Giving Back profile of Attorney Ed Susolik who took on a big insurance company on behalf of an 80-year old man—all because Susolik read about the situation in the newspaper! And he took on the man’s case pro bono. Nice to know there are some guardian angels out there willing to help folks when they least expect it.
We also covered Purina Waggin’ Train Yam Good dog treats, Hurricane Katrina FEMA trailers and an Allstate car insurance settlement in our Week Adjourned update on the latest class action lawsuits and settlements—followed by Asbestos News Roundup (with the focus on asbestos drilling mud and oil rig workers).
Finally, last week some of our team made a pilgrimage to Philadelphia–birthplace of our nation’s Constitution and, of course, the Declaration of Independence, for the 225th anniversary of the US Constitution. Lots to see—you can check out some pics on our Facebook page, too—and in the midst of it all, the spring return of Occupy Philly.
Asbestos News Roundup: 10.13.11
October 13th, 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
St. Clair County, IL: An asbestos lawsuit was filed late September by Julie Anne Mossburg of Ohio in St. Clair County Circuit Court. In her suit, Mossburg names 28 defendant companies, alleging they caused the recently deceased Gary James Mossburg Sr. to develop lung cancer. Mr. Mossburg Sr. died on January 27, 2010, as a result of his asbestos related illnesses.
In her lawsuit, Julie Anne Mossburg claims that Mr. Mossburg’s lung cancer resulted from his exposure to asbestos-containing products throughout the course of his work as a bricklayer and tile setter at various residential, commercial and industrial locations from 1966-2006.
The lawsuit further claims that the defendants should have been aware of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiffs’ safety.
Before his death and as a result of his asbestos-related illnesses, Gary James Mossburg Sr. became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Additionally, Mr. Mossburg became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued, Julie Anne Mossburg alleges.
Julie Anne Mossburg is seeking economic damages of more than $50,000, a judgment of more than $50,000, punitive and exemplary damages of more than $100,000 and compensatory damages of more than $50,000, plus costs and other relief the court deems just. (Madisonrecord.com)
Asbestos Law
Pueblo, CO: Tom Tienda, a contractor in Pueblo, is being tried by state and local prosecutors for hiring a handful of homeless day laborers to dear down a house on Lake Avenue that contained asbestos. The prosecutors allege that Tienda was aware the building contained asbestos, and by hiring itinerant labor he could avoid paying $200,000 to properly remove the carcinogenic substance.
Mike Melito, a prosecutor with the Colorado Attorney General’s Office, explained to the jury that Tienda also took some of the contaminated material and used it on another of his portfolio of homes at 903 Catalpa.
Tienda is charged with felony counts of intentionally causing a hazardous materials incident and attempting to influence a public servant along with numerous misdemeanor counts of air pollution for demolishing the house without any permits.
Tienda, who owns several properties in the area, at least one of which has been condemned, allegedly hired a group people to remove asbestos-containing material before crews started bringing the walls down on his Lake Avenue property.
J.D. Potter, the Pueblo Regional Building department’s assistant building officer, a witness in the case, said old Tienda’s tenants complained about poor plumbing or electrical problems or that the heat had been shut off. Potter said the Lake Avenue property had been in decline since the 1990s. By the time he inspected it in 2006, electrical wiring and copper plumbing had been stripped from the home and vagrants and gangs had squatted in the building. (Chieftan.com)
Asbestos News Roundup: 10.6.11
October 6th, 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
St. Clair County, IL: Edward and Iva Hayes filed an asbestos lawsuit late in September, naming 53 companies as defendants. The Hayes allege the defendants caused Edward Hayes to develop asbestos-related lung cancer resulting from his exposure to asbestos-containing products throughout his career as a fireman.
According to the lawsuit, Edward Hayes worked as a fireman from 1945 until 1947, as a mechanic at Clyde Jones Auto from 1948 until 1954, as a plumber and pipefitter at various private businesses from 1954 until 1956, as a plumber and pipefitter at Warren Green Plumbing from 1956 until the 1960s and as a maintenance worker and plumber at Appalachian State University from the 1960s until the 1990s.
As a result of his asbestos-related diseases, Edward Hayes has become disabled and disfigured. Further, the lawsuit alleges he incurred medical costs and suffered great physical pain and mental anguish, and he became prevented from pursuing their normal course of employment and, as a result, lost large sums of money that would have accrued.
The Hayes are seeking a judgment of more than $100,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish the defendant for their misconduct and punitive and exemplary damages of more than $100,000, plus costs and other relief the court deems just.
St. Clair County, IL: Another asbestos lawsuit was filed in late September by Delvin and Rosalie Schuessler , who name 45 defendants. The Schuesslers allege Delvin Schuessler developed asbestos-related lung cancer resulting from asbestos exposure during his career as a maintenance worker and mechanic at McDonnell Douglas/Boeing from 1955 until 1977.
In their lawsuit, the Schuesslers allege the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the Delvin Schuessler’s safety.
As a consequence of his asbestos-related diseases, the asbestos lawsuit alleges, Delvin Schuessler is now disabled and disfigured, and he has incurred medical costs and suffered great physical pain and mental anguish. In addition, his is prevented from pursuing their normal course of employment and, as a result, lost large sums of money that would have accrued, the plaintiffs claim.
The Schuesslers are seeking a judgment of more than $100,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish the defendants for their misconduct, punitive and exemplary damages of more than $100,000 and economic damages of more than $150,000. (madisonrecord.com)
Asbestos News Roundup: 9.9.11
September 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 Lawsuits
Jefferson County, TX: An asbestos lawsuit has been filed by the family of the late Augustine Aranda Sr, naming the man’s former employer, Atlantic Richfield, and two other companies, Beazer East Inc, and BP Products North America, as defendants.
The lawsuit, filed by Aranda’s widow Patsy Aranda and her children, allege Aranda was exposed to asbestos dust and fibers through his work at Atlantic Richfield, where he was an employee. The lawsuit does not give dates of employment.
“As a result of such exposure, Aranda developed … asbestosis and lung cancer, for which he died a painful and terrible death on November 13, 2010,” the lawsuit states.
The lawsuit also alleges the defendants knew of the health issues related to asbestos exposure for decades, but still allowed their employees to work with asbestos products. (SETexasrecord.com)
Yuba County, CA: An ex-employee of Yuba County has filed a lawsuit alleging he discovered asbestos problems in the county courthouse and told state regulators about them only to be laid-off in retaliation for whistle-blowing.
According to the lawsuit, filed by former county maintenance worker Billy Wilden Sr, the presence of asbestos in the courthouse’s boiler room was mentioned by a contractor working with the county in June 2009. The contractor told the county’s Administrative Services Office about asbestos insulation around pipes in the boiler room. However, it wasn’t until after another employee was asked to remove the asbestos without proper training, and subsequently mentioned that request to Wilden, that Wilden raised the issue with other administrative services staff. The lawsuit alleges that when the official who had ordered the asbestos removal discovered questions were being asked, he began a pattern of harassment against Wilden.
In September 2009, Wilden informed the California division of Occupational Safety and Health about the asbestos problems, leading to a series of Cal-OSHA fines in January 2010 against the county totaling $11,500.
The lawsuit states Wilden was laid off as of July 1, 2010, as a result of budget cuts. Just a month before, Yuba County issued 22 layoff notices. The county, the Administrative Services Office and several officials in the office are listed as defendants in the lawsuit.
“As a proximate result of Defendants’ conduct, Plaintiff has sustained and continues to sustain substantial losses in his earnings and other employment benefits and continues to suffer humiliation, emotional distress, and mental and physical pain and anguish, all to his damage in a sum according to proof,” the lawsuit states. (appeal-democrat.com)
Home Renovations Linked to Asbestos-Related Diseases
Cinnaminson, NJ: A new international study is shedding light on the health risks associated with asbestos and home renovation projects. The study, published in the Medical Journal of Australia, has shown an alarming rate of asbestos-related diseases that can be correlated to exposure to asbestos from home renovation projects.
The research found that 35.7% of females and 8.4% of males with mesothelioma in Western Australia between 2005 and 2008 were attributable to asbestos exposure from home renovation projects. Although this study took place in Australia, which banned asbestos in 2003, the significance of the study to people in the United States is clear. The U.S. Environmental Protection Agency (EPA) and the Consumer Product Safety Commission (CPSC) have been able to ban some asbestos containing products in recent years, but countless older homes still have many materials that contain asbestos.
According to the EPA, “Today, asbestos is most commonly found in older homes, in pipe and furnace insulation materials, asbestos shingles, millboard, textured paints and other coating materials, and floor tiles. Elevated concentrations of airborne asbestos can occur after asbestos-containing materials are disturbed by cutting, sanding or other remodeling activities. Improper attempts to remove these materials can release asbestos fibers into the air in homes, increasing asbestos levels and endangering people living in those homes.”
“This new research into asbestos related illness and its direct link to home renovations should open people’s eyes to the dangers associated with asbestos containing materials in our homes,” reported Joe Frasca, Senior Vice President, Marketing at EMSL Analytical, a leading asbestos testing laboratory. “Fortunately, testing suspect materials before beginning home renovation projects has never been quicker and easier,” he said. (webwire.com)
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