Monthly Archives: May 2019

California Jury Awards $3 Million to Pipefitter in Asbestos Cancer Lawsuit

A Southern California jury recently awarded a former pipefitter and his wife $3 million in an asbestos cancer lawsuit brought against a contractor whom the plaintiff claims frequently exposed him to asbestos during the course of his employment. The mesothelioma lawsuit claimed that D.W. Nicholson Corp. exposed the plaintiff to asbestos while performing an estimated 100 contracting jobs at the Masonite Corp. in Ukiah, California.

According to the mesothelioma cancer lawsuit, filed in Los Angeles Superior Court, D.W. Nicholson Corp. installed mechanical, electrical, and piping equipment at Masonite more than 100 times while the plaintiff worked at the site. The plaintiff alleged that D.W. Nicholson frequently exposed the victim to asbestos when the company failed to clean up asbestos-containing debris it left behind and provided no warning to Masonite workers about the risks of exposure.

As a result of years of asbestos exposure from 1964 to 1999, the plaintiff claimed he developed mesothelioma, a rare and deadly form of cancer which commonly affects the thin lining of tissue surrounding vital organs like the lungs, heart, and abdominal cavity. Asbestos exposure is directly linked to developing this rare type of cancer, often occurring through industrial exposure in the course of employment or sometimes secondhand when fibers are brought home on work clothing.

The jury found D.W. Nicholson was responsible for 20% of the damages to the victim, while Masonite was responsible for 70%. A third company, J.T. Thorpe and Son, was held responsible for 10% but settled the case with the victim prior to the verdict. D.W. Nicholson was the only named defendant remaining when the jury reached its verdict, meaning it will have to pay 20% of the damages awarded by the jury.

Even though asbestos was not regulated by the federal government until the mid-1970s, companies already knew for decades about the serious health risks posed by using asbestos in their products. Asbestos was a popular choice in a variety of industrial, construction, and military applications for its heat resistant properties and ability to be cast in a variety of shapes to fit the job.

Because asbestos companies knew the health risks and did not provide any warning to workers or consumers, the law generally gives these parties the right to file asbestos cancer lawsuits and recover compensation for any damages. Depending on the circumstances of the case, the law gives plaintiffs in civil lawsuits the right to recover for their hospital expenses, lost wages, future medical care, and the pain and suffering of living with an injury.

Arizona Mesothelioma Lawyer

 If you or a loved one was diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.

Court Allows Construction Worker’s Mesothelioma Lawsuit Against Boiler Company to Continue

A New York City judge recently handed down an important ruling in a mesothelioma cancer lawsuit allowing the plaintiff’s claim against a boiler company to continue rebuffing the defendant’s legal maneuvers to have the case dismissed before it could be heard by a jury. Attorneys for defendant Kohler Co. asked the judge to throw out the case on summary judgement, claiming there was a similar case in New York’s asbestos courts, which barred the plaintiffs from suing the company.

The case was brought by a retired clean up crew worker who worked from 1958 to 1966 and was responsible for removing boiler parts manufactured by Kohler Co. after they had been disassembled. The plaintiff eventually developed mesothelioma and filed a lawsuit against Kohler Co., claiming that he frequently came in contact with frayed gaskets that contained asbestos. The plaintiff ultimately passed away after his battle with mesothelioma in 2016, leaving his estate to take up the claim in court.

In their mesothelioma cancer lawsuit, the plaintiffs claimed that Kohler Co. should have known that maintenance companies would repair and replace boilers with parts manufactured with deadly asbestos fibers. In their motion for summary judgement, attorneys for the defendant pointed out that Kohler Co. did not manufacture the asbestos-laden parts itself and that the removal of parts after dismantling was not a foreseeable use of the product and that therefore the company owed no duty of care to anybody who was carrying parts away.

Kohler Co.’s attorneys went on to cite a New York asbestos lawsuit ruling in favor of defendants sued by a salvage worker who claimed he developed mesothelioma in the course of his duties tearing down and removing asbestos-contaminated materials. In that case, the judge ruled that the defendants could not be held liable because they could have no way of knowing their products would be treated in such a rough and careless manner.

However, the judge in the case of this clean up crew worker dismissed the defendant’s argument, pointing out the differences between the scope of work done by maintenance and salvage workers. The judge noted that Kohler Co. should have known their products would need replacement and repair by persons skilled in the process and therefore should have taken action to prevent foreseeable harm.

While asbestos has been effectively banned from use for many decades, it was once extremely popular in a variety of industrial and construction applications, particularly in boilers and steamfitting. Unfortunately, many workers did not know about the hidden risks of asbestos exposure and developed mesothelioma and other serious health conditions as a result.

Arizona Mesothelioma Lawyer

 If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.