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Refinery – Second Hand Exposure – Wrongful Death Mesothelioma Lawsuit

Suit alleges woman contractedmesothelioma by washing family's work clothes
6/7/2010 11:29 AM By Michelle Massey, East Texas Bureau 

TYLER-After years of cleaning the asbestos-containing clothes of her father, husband, and son, Claudia Headley wasdiagnosed with malignantmesothelioma and died from the disease on May 30, 2008.

Claudia's husband Robert and her sons Scott and Steven Headley filed a wrongful death lawsuit against Shell Energy North America (US) LP, Royal Dutch Shell PLC, Exxon Mobile Corp. andAlonUSA, as successor in interest toCosden Petroleum, on May 28 in the Tyler Division of the Eastern District of Texas.

According to the complaint, Claudia's fatherworked at a refineryinBig Spring for 38 years. Robert Headley and Scott Headley also worked for refineries.

"Decedent contractedmesothelioma as a result of household exposure to asbestos from repeatedly checking the pockets of and washing her Family's clothes, which were coated with asbestos dust," the lawsuit claims.

The defendants are accused of breaching their duties to provide a safe place to work, to warn of the hazards of employment, to protect independent contractors from work related hazards, in taking precautions to protect the safety of others when an employee performs work that is inherently dangerous and to avoid a foreseeable risk of injury to others.

The defendants should have known that the materials their men worked around were "deleterious and highly harmful" to Claudia Headley's health and well-being, the family argues.

Further, the defendants knew that after working in this dusty, asbestos-ridden environment, it would naturally and unavoidably expose Claudia Headley to the same asbestos fibers, dust and particles.

The plaintiffs are seeking wrongful death damages for pecuniary loss, termination of the husband-wife relationship, mental anguish, loss of household services,termination of the parent-child relationship, necessary medical, funeral and burial expenses, exemplary damages, interest and court costs.

Scott W. Wert of Foster & Sear LLP of Grand Prairie is representing the plaintiffs. Jury trial requested.

U.S. District Judge Michael H. Schneider is assigned to the litigation.

Case No. 6:10cv00273

http://www.setexasrecord.com/news/227349-suit-alleges-woman-contracted-mesothelioma-by-washing-familys-work-clothes


 
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Refineries – Asbestos Trades –Mesothelioma Asbestos Cases Filed

19 new asbestos cases filed inMadisonCountyJune 1-5
6/22/2009 2:44 PM By Kelly Holleran

A total of 19 newasbestos lawsuits were filed in Madison County Circuit Court during the week of June 1 through June 5.

The following complaints were filed:

--Nicholas S. Argenti Sr. and June Loretta Argenti ofNew York claim Nicholas S. Argenti Sr. developed asbestosis after his work in the U.S. Navy from 1955 until 1959. Argenti also worked from 1959 until 1960 as a laborer for N.Y.S. Electric and Gas; from 1960 until 1969 as a shift foreman for Sierra Pacific Power Co.; from 1969 until 1972 as a maintenance mechanic; from 1972 until 1979 and from 1983 until 1986 in the HVAC and refrigeration business; from 1979 until 1983 as an electrician; and as a pipefitter from 1986 until 2001. Elizabeth V Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing the Argentis. Madison County Circuit Court case number: 09-L-564.

--Dennis Bernard ofMaryland, a bricklayer and pipefitter at various locations from 1973 until 1979, claims lung cancer. Bernard is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-573.

--Anthony Branconi ofPennsylvania, an electrician from 1965 until 1979, claims lung cancer. Branconi is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-570.

--Kenneth Heasley Sr. ofSouth Dakota, a boiler and furnace repairman and installer, furnace insulator, construction foreman, mechanic and maintenance worker at various locations from 1959 until 1979, claims lung cancer. Heasley is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-571.

--James A. Hendren of Virginia, a sanitation worker for the town ofSouth Boston,Va., from 1972 until 2008, claims mesothelioma. Hendren is represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-557.

--Isiah Hill Jr. of New Jersey, an electrician at various locations from 1953 until 1978, claims lung cancer. Hill is represented by Robert Phillips, Perry J. Browder and Rosalinid M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-572.

--Dennis Hubner ofIllinois, a machinist, shift coordinator and fork lift operator from 1999 until now, claims mesothelioma. Hubner also helped on the family farm until 1988, according to the complaint. Timothy F. Thompson Jr. of SimmonsCooper inEast Alton will be representing him. Madison County Circuit Court case number: 09-L-561.

--Mark S. Junghans ofWisconsin, a drywaller, laborer, engine mechanic, mechanic, medic, residential construction and remodeling worker and shade-tree mechanic from 1972 until 2009, claims mesothelioma. Junghans is represented by Randy L. Gori of Gori, Julian and Associates inAlton. W. Mark Lanier, Patrick N. Haines and W. Casey Harris of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-559.

--Earl Leeder ofCalifornia, a custodian, engineer and plant director at various locations from 1969 until 1979, claims lung cancer. Leeder is represented by Robert Phillips, Perry J. Browder and Rosalind M. Roberstson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-568.

--Steven Meyer of Okawville claims his recently deceased wife, Olivia Meyer, developed pleural mesothelioma after her work as a bundle girl and custodian at various locations throughIllinois from 1952 until 1959 and from 1984 until 2001. She was also secondarily exposed to asbestos fibers through her son, who worked as a mechanic from 1982 until 1989, Steven Meyer claims. G. Michael Stewart and Jill Price of SimmonsCoooper inEast Alton will be representing her. Madison County Circuit Court case number: 09-L-550.

--Joyce Mullenix ofGeorgia claims her recently deceased husband, Walt T. Mullenix,developed lung cancer after his work as an insulator from 1948 until 1984. Joyce Mullenix says her husband also worked at many industrial and commercial job sites, including paper mills, hospitals, colleges, power plants,refineries, hotels, airports, schools, textile mills and chemical plants. Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing her. Madison County Circuit Court case number: 09-L-560.

--James Nangle ofFlorida, a truck driver at various locations from 1958 until 2004, claims mesothelioma. Nangle is represented by Brian J. Cooke and Drew Sealey of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-574.

--Bonnie Nichols ofKansas claims her recently deceased husband, Neal Nichols, developed mesothelioma after his work from 1970 until 2004 as a carpenter, laborer and truck driver at various locations. Bonnie Nichols is represented by Brian J. Coooke of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-556.

--Brian Noe Jr. of Minnesota claims his recently deceased father, Brian Noe Sr., developed mesothelioma after his work as a laborer at Admiral TV in 1960; as a laborer in the U.S. Navy and at Al Phister Plumbing and Heating from 1965 until 1966; as a laborer at Butcher Boy Doors from 1967 until 1968; as a foreman at Roy Hunt Construction from 1969 until 1984; as a foreman at Bosin Construction from 1986 until 1988 and as a laborer at Smith Steel Inc. from 1997 until 1998. Brian Noe Jr. is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-576.

--Charles Scott of Georgia, an aircraft worker, equipment cleaner, aircraft parts assembler, ship mechanic and insulator at various locations from 1973 until 1979, claims lung cancer. Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton will be representing him. Madison County Circuit Court case number: 09-L-569.

--David Sommerman ofGeorgia claims Edward Sommerman died after developing mesothelioma after working as a fire proofer. David Sommerman is represented by Richard L. Saville Jr. and Ethan A. Flint ofAlton. Madison County Circuit Court case number: 09-L-558.

--James Spangler ofKentucky, a construction worker at various locations from 1963 until 1969, claims lung cancer. Spangler says he was secondarily exposed to asbestos fibers through his family member, John Spangler, who worked from 1940 until 1962 as an electrician at various locations. Robert Phillips, Perry J. Brower and Rosalind M. Robertson of SimmonsCooper inEast Alton will be representing him. Madison County Circuit Court case number: 09-L-567.

--Leslie Vernon Sr. and Mary Ivy Lea Vernon of Texas allege Leslie Vernon Sr. developed mesothelioma after his work in the U.S. Marine Corps from 1943 until 1945 and as an electrician in numerous cities from 1946 until 1986. The Vernons are represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-577.

--Louise Wilkerson ofNorth Carolina, a spinner and laborer at various locations from 1947 until 1979, claims lung cancer. Wilkerson is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-566.

http://www.madisonrecord.com/news/219694-19-new-asbestos-cases-filed-in-madison-county-june-1-5

 
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Refineries – Asbestos Trades –Asbestos Mesothelioma Lawsuit

'Take home' liability could mean limitless liability for asbestos defendants
3/20/2009 12:28 PM By Staff Reports 

During a recent gathering of asbestos legal professionals, aBeverly Hills conference focused on one central theme in emerging litigation trends: a new generation of problems -- connected to the last -- will mean a new wave of cases against a new slate of defendants.

With more than three decades past since the peak ofasbestosmanufacturing and use in theU.S., the focus of lawsuits has shifted to what is often called "secondary exposure cases." These cases are filed on behalf of a new slate of plaintiffs, many a generation removed from those that comprised the height of asbestos litigation in the late 1990s when hundreds of thousands of cases were filed each year.

Likewise, the defendants include new businesses, most at least a step removed from the manufacturers, shipyards and refineries already forced intobankruptcy under the weight of billions paid in legal settlements.

With many of the first wave of plaintiffs deceased, and the businesses they sued bankrupt, it is no surprise the vast industry of asbestos lawyers would now be uncovering new cases along previously un-trod trails.

One such trail emerging as a potential highway of asbestos cases is take home liability cases. Commonly, these plaintiffs include everyone from children and spouses of those who worked around asbestos, babysitters who entered the employee's home, or independent contractors who worked with products containing asbestos.

Texas plaintiff attorneyShepard Hoffman described one form of take home liability extending "to those who regularly and repeatedly came in to contact with employees' work clothing consistently over a period of time."

New York attorney JohnCanoni said defendants in these cases have taken notice, raising in court their serious concern over the "specter of limitless liability."

New cases, new plaintiffs

The legal war over how courts will interpret the limits and legal responsibility in take home liability cases is now pitched in state-by-state battles. Some states, likeWashington,Tennessee,New Jersey andLouisiana have ruled that companies have a duty to protect and warn those who may become exposed to asbestos beyond their own employees, according toChicago defense attorney Jonathon Lively.

Others, notably,New York,Georgia,Kentucky,Texas,Michigan andDelaware have ruled against such duty. Many states, includingIllinois - and in whichMadisonCounty continues to be one of the larger asbestos dockets in the country -- are still hearing the cases that will determine the eventual legal precedence.

The cases that are setting the stage offer a glimpse into the next generation of clients.

"The housewife is the number one occupation listed for those now contractingmesothelioma,"West Virginia plaintiff attorney AnneKearse said.

ATennessee case involved a woman who died at the age of 24 after being exposed to asbestos from her father's work clothes. The woman was born premature and spent three months in the hospital where her father would come and hold her every day on his way home from work,Lively said.

Another case involves a plaintiff who was exposed to asbestos as a child from wrestling around with his father after work.

Canoni cited one of the most recent cases, a ruling from the Delaware Supreme Court earlier this month. Lillian Riedel sued ICI Americas, Inc., her husband's employer for nearly 30 years, for failing to warn her of the dangers of asbestos exposure from her husband's clothing.

"Does the employer owe a duty of care to the injured party who they may or may not have ever known, nor ever employed?"Canoni said.

According to court documents, the court ruled against Riedel, grantingICI's request for summary judgment "on the basis that ICI and Mrs. Riedel did not share a legally significant relationship that would create a duty ICI owed to her."

But that legal victory of the defense inDelaware is offset by plaintiff victories along similar lines in other states, notablyWashington.

Lawyers G. William Shaw and Michael K. Ryan wrote, "In a pair of closely watched asbestos cases, theWashington Court of Appeals on January 29, 2007 greatly expanded the duty to warn in asbestos cases."

The twin rulings in favor of plaintiffs found that a product manufacturer whose products do not include any asbestos is still responsible for exposure if the normal use of the product would cause them to become exposed from another source.

The court ruling "may have a direct impact on defendant manufacturers whose products may have required the use of asbestos-containing products to function properly," they wrote, which in turn, greatly expands the company's duty to warn about the exposure to asbestos. The ruling also greatly increases the pool of defendants that can be named inWashington asbestos cases.

Potential liability in states where duty to warn is expanded could soon extend to babysitters, school teachers and neighbors who could have been exposed by someone who worked around asbestos, according to asbestos conference presenters. The number of businesses who could be sued in asbestos cases is also greatly expanded, even to the point of including "mom and pop stores," one presenter at the conference said.

The cases with extended duty to warn are cropping up in asbestos dockets across the country. A brief review of cases filed recently inMadisonCounty, shows the subtle shift to the next generation of plaintiffs.

For example, among the 13 cases filed inMadisonCounty in a single week in February, few are direct lawsuits on behalf of a sick worker suing a former employer. One such example involves a lawsuit filed by Christine Warner ofTennessee on behalf of her mother who developedmesothelioma during her work as a seamstress at House of Fashions inMemphis for more than 30 years.

But most are less specific as to when and where the person was exposed to asbestos, likely built on duty to warn case law.

Pat Montgomery ofKentucky claims he developedmesothelioma after helping his father on the family farm for six years during the 1950s. AnIllinois woman claimed in her suit filed inMadisonCounty that she developedmesothelioma after being exposed through her husband.

Defending the case

The most important steps in defending against take home liability often occur early on in how the case is framed by the courts, according to Lively. The duty to warn is often determined by whether the court sees the case as one of misfeasance, poor action to warn, or nonfeasance, no action to warn.

"How a case gets framed in front of the court is going to greatly determine how it is going to end up," Lively said during the asbestos conference.

TheDelaware ruling involving Lillian Riedel, Lively said, was an example of the court assessing the failure to warn as nonfeasance, essentially ruling they had no duty to warn her of the potential exposure from her husband's work clothes.

Other cases where courts have ruled the company had a duty to warn and acted poorly to do so have led to plaintiff victories, the case of the 24-year-old woman fromTennessee for example,Lively said.

The outcomes of these cases differ greatly from state to state.

Hoffman said that despite the changing nature of the cases, juries still focus on the plaintiff and the harm done to them.

"Juries want to find a way to help out a family," he said, arguing that plaintiff attorneys must simply show the "contributing factors to a person contractingmesothelioma," and "the basis to hold the initiating company responsible."

Companies knew the dangers of asbestos, even on clothing leaving the plant for decades, Hoffman said, citing examples of safety measures that were commonplace.

"A study in 1913 discusses worker safety, of the need for lockers and showers and a change of clothes for workers before going home," Hoffman said.

While defense attorneys often point to 1972, when OSHA issued protocols to be followed regarding asbestos exposure,Kearse said that premise can be challenged in court.

"There's a lot of information out before OSHA,"Kearse said, starting with a report in 1937 that talks about safety policies related to asbestos.

"It was known and knowable how dangerous this was to work with," she said. "West Virginia had regulations in place since 1951, but it was rarely followed, if at all."

http://www.madisonrecord.com/news/218036-take-home-liability-could-mean-limitless-liability-for-asbestos-defendants

 
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Refinery – Asbestos Trades –$7 Million Mesothelioma Verdict

 

$7 millionNew Jersey verdict

 

June 23rd, 2008 by Wendi Lewis

 

ANew Jerseyjury awarded aLindenwoman$7.5 million verdict againstExxonMobile Corp., saying she contractedperitonealmesothelioma as a result of handling her husband’s clothing. John Anderson was employed at arefinery that was owned byExxonMobile at the time, and his wife Bonnie had secondary exposure to his “take home” asbestos fibers for years, according to a report in NJBIZ magazine.

 

ExxonMobile was found responsible for themesothelioma cancer last year. The trial to determine damages began approximately two weeks ago, resulting in the $7.5 million verdict in favor of Mrs. Anderson. According to the report,ExxonMobile plans to appeal the verdict.

 

http://www.mesothelioma.law.pro/news/2008/06/23/7-million-new-jersey-verdict/

 
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Shell Refineries – Asbestos Company –$35.1 Million Mesothelioma Verdict

 

Jury Awards $35.1 Million to RetiredU.S. Navy 
Boiler Tender Exposed to Asbestos

Verdict Is One of LA County’s Largest Ever in an Asbestos Case; 

 

LOS ANGELES — October 17, 2007 — A Los Angeles County jury late last week handed down a$35.1 million verdict to a 74-year-old retired U.S. Navy boiler tender, validating that his exposure to asbestos in pump, valve and pipe parts more than five decades ago is the direct cause of thedeadlymesothelioma he suffers with today.

 

The verdict is among one of the largest-ever awards inLos AngelesCounty for a plaintiff in a Navy asbestos exposure case. The verdict includes $100,000 for economic damages; $25 million to the victim for pain and suffering; and $10 million to the victim’s wife for loss of consortium. Leslie Controls and Warren Pumps were each assessed 7.1 percent liability. The judge disallowed consideration of punitive damages.

 

The plaintiff, John R. "Jack" Davis, was diagnosed with pleuralmesothelioma in January 2007. A native ofIdaho,Davis served as a fireman and boiler tender aboard the U.S.S.DeHaven for 4 years during the Korean War. Following his honorable discharge in 1955, he worked for American Pipe and Steel, and Sound Control Company, before being hired by Shell Oil in 1956. He worked atShell refineries inDominguez andWilmington,California., until 1963.

 

In 1964,Davis returned toIdaho, where he worked for Philip Petroleum and successive contractors at the Idaho National Engineering and Environmental Laboratory (INEEL) while studying college-level electronics and computers. He retired from INEEL in 1995. Until hismesothelioma diagnosis earlier this year, he and his wife, Janette, enjoyed an active retirement that revolved around family, sports and outdoor activities with his two children, five grandchildren and four great-grandchildren.

 

In his testimony, the soft-spoken and affable plaintiff described his work as a boiler tender in the aft engine room of the U.S.S.DeHaven. He explained that he had volunteered for the assignment — considered to be one of the least desirable aboard ship in cramped, hot and dirty quarters.

 

He also asserted that he would have protected himself had he known the danger of being exposed to the asbestos in the myriad small pump and valve components that he handled daily, both as a boiler tender in the Navy, and for a short period after as a pipefitter and instrument man in the private sector.

Davis clearly identified the products he handled as manufactured and branded by Leslie Controls and Warren Pumps.

 

The defense argued that responsibility forDavis’ illness lie with the U.S. Navy and subsequent employers, not the manufacturers. The defense also attempted to argue thatDavis’ radiation exposure while employed at INEEL was a cause or contributing factor to hismesothelioma diagnosis. The judge disallowed the argument due to a lack of medical and scientific evidence.

 

The defense, in its closing argument, challenged the jury to "knock a zero off" whatever award they might consider for the plaintiff. The jury was asked to consider what amount of money would really be necessary to allow theDavises to live comfortably given their age and life expectancy.

 

MikeArmitage, managing partner of WK’sLos Angeles office commented, "The defense’s closing argument was brazen. Here is a good man, a hard-working man, a loving husband, and a model father. He served his country loyally and honorably without question,then spent a lifetime bettering himself to support his family.His reward? It’s essentially a death sentence that was totally avoidable had the manufacturers only made the effort to warn workers to protect themselves."

"No, this case wasn’t about living comfortably," said Gary M. Paul, a WK partner and lead attorney on the case. "It was about justice."

An appeal filed by Leslie Controls and Warren Pumps is currently pending.

 

Full story -- http://www.forbes.com/feeds/ap/2007/10/18/ap4235335.html

 
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Oil Refinery –Asbestos Exposure - Mesothelioma Jury Award

Second hand exposure to asbestos dust is basis for claim

06/08/2005

Ronald Lunsford said his father worked for the Brower Company in 1958 at aTexaco refinery inAnacortes,Wash. and frequently returned home from work with asbestos dust on his clothes, hat, car, and tools.Lundsford claimed he was exposed to that dust.

Years later, Lunsford wasdiagnosed withmesothelioma. Because he had been exposed to asbestos over a number of years from a variety of sources, Lunsford sued several parties, includingSaberhagen Holdings Inc., which was the successor of Brower. Lunsford alleged Brower/Saberhagen providedasbestoscontaining insulation to the refinery where his father worked, and thatSaberhagen should be held strictly liable for any injuries caused to him by the Brower asbestos.

Saberhagen asked theWashington trial court to grant judgment before trial, asserting the company could not be held strictly liable for Lunsford's injuries because he was not a user of the asbestos products. Product-liability law provides for strict liability for "one who sells any product in a defective condition reasonably dangerous to the user or consumer," and makes the seller liable "for physical harm thereby caused to the ultimate user or consumer."

The trial court concluded that Lunsford was not a user ofSaberhagen's asbestos, thus granted its request for summary judgment. Lunsford appealed to the Washington Court of Appeals, which noted some state courts expand the coverage of the product-liability law to include bystanders and other persons the manufacturer could reasonably foresee would come into contact with its product. The court reinstated Lunsford's claim stating, "The question for the jury is whether it was reasonable for the manufacturer to foresee that Lunsford would be exposed to its product through his father."

At trial, the court noted Lunsford had the burden of showing it was foreseeable he would come into contact withSaberhagen's product, the product was unreasonably dangerous, and he was injured by the product.

Lunsford v.Saberhagen Holdings Inc., 106 P.3d 808 (Wash.App. 2005), Court of Appeals ofWashington, Feb. 14, 2005.

 

http://www.americanmachinist.com/304/Issue/Article/False/9537/Issue

 
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Oil Refinery – Asbestos Company – $4.3 Million Asbestos Lung Cancer Verdict

 

 

GEORGE SMITH vs. AP GREEN INDUSTRIES INC. ET AL

 

May 23, 2001, San Francisco Superior Court, Case number: 315105

 

Description of Case: George Smith worked as apipefitter at the MobilOil refinery inTorrance,California in 1966. He was exposed to asbestos on the job and later developed lung cancer. The asbestos exposure came from the insulation products he used, and from asbestos dust raised by other employees, of which he had no warning.

 

Resolution:$4.3 million verdict against Mobil Oil Corporation

 

Economic damages: $2.5 million

 

Non-economic damages: $319,000

 

Non-economic damages: to his wife, Hanna, $1.5 million for loss of consortium Mobil Oil was held to be 12.5% responsible for George's illness, for "failure to use reasonable care."

 
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Unocal Refinery – Second Hand Exposure – $11.5 Million Mesothelioma Verdict

 

San Francisco Jury Returns $11.5 Million VerdictAgainst UNOCAL for Pipefitter's Wife in Gunderson Trial

 

On December 12, 2002, aSan Franciscojury awarded $11,550,750 to Genevieve Gunderson ofTorrance,California, for a terminal cancer she contracted from her husband's clothing in the 1950s. Theverdict against Unocal was on three separate theories of negligence. Ms. Gunderson is dying ofmesothelioma, an incurable asbestos-caused cancer.

 

Genevieve Gunderson is a 75-year-old homemaker and retired hairdresser fromTorrance,California, who was exposed to asbestos from her former husband, Gordon Fraser's, work as a pipefitter at industrial sites, including Unocal inWilmington,California, from 1948 to 1963.

 

In October, 2001, Genevieve Gunderson, mother of one adult child, four grandchildren, and several great-grandchildren, was diagnosed withmesothelioma, a cancer caused by exposure to asbestos. Ms. Gunderson's prognosis is terminal and she has been given only months to live.

 

Ms. Gunderson filed her lawsuit inSan Francisco in March, 2002. In October, 2002, following a three-week jury trial and three days of deliberation, the jury found the remaining defendant,Unocal, 9.3% at fault. Ms. Gunderson was exposed to asbestos in her home when she shook out and laundered her husband's work clothing. Her former husband, Mr. Fraser, worked at theUnocal refinery inWilmington,California, as a pipefitter, intermittently for approximately three years from 1948 to 1963 during their marriage.

 

The jury found that Ms. Gunderson suffered $550,750 in lost income and medical expenses based upon the expert testimony ofSanta Rosa economist Dr. Barry Ben-Zion andBerkeley pulmonologist Dr. Barry Horn. Ms. Gunderson was also awarded $11 million for her pain and suffering. Evidence was presented that cancers such as Ms. Gunderson's can be caused by relatively low exposures, including dust brought home on workers' clothing. Though largely ignored, the industrial community was well aware of recommendations for providing workers who worked around asbestos and other harmful dust with changing rooms, work clothing, and workplace laundry service.

 

"This is another chapter in the continuing tragedy created by industry's indifference to worker safety and particularly to asbestos hazards," stated Ms. Gunderson's lawyer, ofBerkeley,California. "Ms. Gunderson is pleased with the jury's decision. While it will not change her terminal condition, it will provide her with some satisfaction that those who caused this problem are being made to take responsibility."

 

The case was initially filed in March, 2002, against 40 separate defendants, and was advanced to trial quickly because of Ms. Gunderson's terminal condition. Before trial all defendants exceptUnocal, Chevron, and Fluor Corporation settled. Chevron and Fluor Corporation settled during trial. The total verdict will be reduced by the other parties' settlements. The final judgment againstUnocal is estimated to be approximately $1.5 million.

 

Fact Sheet

 

Case Summary: Plaintiff, Genevieve Gunderson, is 75 years old and is dying frommesothelioma. She alleged she contractedmesothelioma from asbestos exposure brought home by her ex-husband from 1948 to 1963. It was undisputed that Ms. Gunderson has an asbestos-causedmesothelioma.

 

Her ex-husband, Gordon Fraser, was a pipefitter at large industrialsites from 1946 to 1982 throughoutSouthern California. He was married to Ms. Gunderson from 1948 to 1963. During the marriage, he wore his work clothes home and she laundered them twice weekly. He worked atUnion Oil (Unocal) on several large construction projects for a total time of approximately three years from 1948 to 1963. These were all new construction projects and his employers were Bechtel and Flour Corporation (both of whom settled during the trial).

 

Unocal presented both duty and state-of-the-art defenses. Defendant argued it was unforeseeable that before 1960, "take-home" exposures could cause disease. Therefore, they argued no duty as a matter of law (the court denied all motions on this issue). They also argued that they were not negligent. They supported their case with the expert testimony of Dr. William Hughson, a pulmonologist and HowardSpielman, a Certified Industrial Hygienist. Plaintiff responded with state-of-the-art testimony of Dr. BarryCastleman.

 

The defendant found in plaintiff's favor on three separate theories of ordinary negligence, premises liability, and peculiar risk.

 

   Jury trial: Genevieve J. Gunderson v. A. W. Chesterton Company, et al. San Francisco Superior Court Case No. 406207

 

   Judge: The HonorableTomar Mason, Department 608

 

   Case filed: March 29, 2002

 

   Verdict rendered: December 12, 2002

 

   Total verdict: Total Economic Damages $550,750 Total Non-Economic Damages $11 million

 

   Trial testimony: three weeks; deliberations lasted three days

 

   Trial commenced: November 14, 2002 and concluded December 12, 2002

 

   Allocation: 90.7% to all other defendants; 9.3% to Union Oil Net judgment after settlement verdict and costs approximately $1,485,725

 

Experts:

 

Plaintiff’s experts included: Richard Hatfield, Materials Analyst Specialist, Atlanta, GA Barry R. Horn, M.D., Pulmonologist, Berkeley, CA BarryCastleman, M.D., Medical State of the Art, Baltimore, MD Barry Ben-Zion, Ph.D., Economist, Santa Rosa, CA Kenneth Cohen, C.I.H, Ph.D., El Cajon, CA Allan Smith, M.D., PhD., Epidemiologist, Oakland, CA

 

Defense experts included: William Hughson, M.D. Pulmonologist,San Diego,CA HowardSpielman, Certified Industrial Hygienist,Los Alamitos,CA

Prior settlement negotiations: Plaintiff served CCP§ 998 offer for $300,000 which was rejected. During the trial plaintiff's last demand was $700,000.

http://www.paulandhanley.com/CM/VerdictsSettlements/VerdictsSettlements89.asp
 
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Oil and Gas Drilling – Asbestos Trades – $15 Million Asbestosis Verdict

Mississippi jury awards money for 'every breath' in $15M asbestos verdict

By Sylvia Hsieh
Publication: Lawyers WeeklyUSA
Date: Tuesday, April 20 2010

AMississippi jury has awarded $15 million to a 71 year-old oil industry worker who developedasbestosis after years of handling bags of product containing 99 percent asbestos.

In opening statements, lead plaintiff's attorney Greg Jones ofFranklin, Cardwell & Jones inHouston asked the jury,

"What is the value of a breath?"

Plaintiff Troy Lofton, who testified at trial with tubes in his nose and ears and holding an oxygen bottle that assists his breathing 24 hours a day, alleged that ConocoPhillips manufactured a dangerous product while knowing of its dangers.

The case is only the third to go to trial of over 700 pending cases involving oilfield workers who developed lung cancer, asbestosis or mesothelioma after handling products made by ConocoPhillips or its subsidiaries.

Among the evidence at trial was a handwritten document indicating that the company had weighed the cost of personal injury lawsuits against the profits of continuing to sell asbestos.

Jones requested punitive damages, but the jury declined to award them.

Alex Cosculluela, lead defense counsel forConocoPhillips, declined to comment.

Brian Cain, a spokesperson for the defendant, said that the company is "disappointed with the verdict and plans to appeal any resulting judgment. "

Mud additive

The plaintiff, whose parents were sharecroppers, began his lifelong work in the oil and gas industry at age 25 in 1964, around the same time a subsidiary ofPhillips 66 (which later merged into ConocoPhillips ) began selling Flosal, a mud additive that assisted inoil and gas drilling.

During the twenty years the product was on the market, the plaintiff was responsible for ripping open 50-pound bags and pouring the contents by hand into mud hoppers, thereby inhaling the dust.

At trial, Jones emphasized that the company continued to sell and market the product to customers without warning them of dangers it knew about.

http://www.allbusiness.com/legal/torts-damages/14345130-1.html
 
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Oil Refineries – Asbestos Trades - Mesothelioma Death Lawsuit

16 new asbestos cases filed in Madison County Sept. 21-25
10/9/2009 2:23 PM ByKelly Holleran 

A total of 16 new asbestos lawsuits were filed in Madison County Circuit Court during the week of Sept. 21 through Sept. 25.

The following complaints were filed:

--Mary Bertrand of Ontario alleges the recently deceased Robert Bertrand developed mesothelioma after his work as a laborer and insulator at various locations throughout Illinois and Canada from 1969 until 2008. Mary Bertrand will be represented by Richard L. Saville Jr., Ethan A. Flint and David J. Page of Saville and Flint in Alton. Madison County Circuit Court case number: 09-L-1003.

--Robert and Isabelle Bullock of Ohio claim Robert Bullock developed mesothelioma after his work as a teacher, minister, bus driver, toll booth operator and self-employed operator of various camps and resorts throughout Illinois, Missouri, Pennsylvania and New York from 1950 until 2005. The Bullocks will be represented by Timothy F. Thompson Jr. and Ryan J. Kiwala of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1004.

--Walter Cain, a member of the U.S. Navy from 1967 until 1971 and from 1975 and 1977 and a worker at various other jobs until 2007, claims mesothelioma. Cain will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville and Flint in Alton. Madison County Circuit Court case number: 09-L-1017.

--Bruce Klabunde of North Dakota claims his recently deceased mother, Elizabeth Klabunde, developed mesothelioma after her work as a receptionist and home remodeler at various locations from 1970 until 1979. Bruce Klabunde will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1011.

--Gerald and Kathleen LaBathe of Texas claim Gerald LaBathe developed mesothelioma after his work as a member of the U.S. Army in 1951 and in the National Guard from 1954 until 1974. Gerald LaBathe was also a member of the Asbestos Workers' Local 34 and worked in numerousrefineriesand chemical plants, according to the complaint. The LaBathes will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1018.

--Dolores Molloy of Illinois claims her recently deceased husband, Joseph Molloy, developed mesothelioma after his work as an electrician and mechanic at various locations from 1948 until 1985. Dolores Molloy will be represented by Nate Mudd of French and Mudd in St. Louis. Madison County Circuit Court case number: 09-L-1025.

--Fabian Moyano claims his recently deceased father, Guillermo Moyano, developed mesothelioma after his work as a superintendent from 1970 until 1979. Fabian Moyano will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1010.

--Dexter Napier of Georgia, a laborer at various locations from 1961 until 1979, claims lung cancer. Napier will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1012.

--Donald Pattison claims recently deceased Arthella Pattison developed mesothelioma after her work at St. Johns and Orvid-Elsie schools. She was also exposed to asbestos fibers through her husband, Reo Ivan Pattison, who worked as a press operator. Donald Pattison will be represented by Richard L. Saville Jr., Ethan A. Flint and Andrew J. Balcer of Saville and Flint in Alton. Madison County Circuit Court case number: 09-L-1026.

--Adriana M. Perez of Florida, a laborer at ABC Print Shop in Miami from 1964 until 1979, a laborer at Haiti from 1964 until 1968, an office worker at Nikki Lu in the 1980s and a secretary at a doctor's office in 1985, claims mesothelioma. Perez claims she was also exposed to asbestos fibers through her husband, who worked as a maintenance worker at a foundry, according to the complaint. Perez will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1002.

--Richard W. and Geraldine F. Reeves of Indiana claim Richard W. Reeves developed mesothelioma after his work as a seaman in the U.S. Navy from 1955 until 1958, as a bill collector for various credit and accounting firms from 1958 until 1970 and as a boilermaker for various employees through the international Boilermaker Union from 1970 until 1995. Richard W. Reeves was also exposed to asbestos fibers through his father, who was a millwright for various employers from 1947 until 1955, according to the complaint. Randy L. Gori of Gori, Julian and Associates in Edwardsville will be representing the Reeves. W. Mark Lanier, Patrick N. Haines, Angela B. Greenberg, Sam T. Richard, Bridget B. Truxillo and Lauren H. Ware of The Lanier Law Firm in Houston will serve of counsel. Madison County Circuit Court case number: 09-L-1005.

--Ella D. Ridout of Texas claims her recently deceased husband, Thomas G. Ridout, developed lung cancer after his work as a member of the U.S. Air Force from 1971 until 1973, as an iron worker, welder and crane operator for various construction companies from 1974 until 1994, as a general foreman for Martin K. Eby from 1994 until 1995, as a general foreman for H.B. Zachry from 1995 until 2001, as a superintendent for Wanzek Construction from 2005 until 2006 and as a general foreman and general superintendent for Fluor. Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing her. Madison County Circuit Court case number: 09-L-1006.

--Anne M. Schmuhl of Ohio claims her recently deceased father, Julius M. Storti, developed mesothelioma after his work with Transformer Engineering Corp. from 1943 until 2006. Schmuhl will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1014.

--Danielle Taurmina of New York claims her recently deceased stepfather, Mario Bosio, developed mesothelioma after his work as a civil engineer and a home remodeler at various locations from 1978 until 1979. Taurmina will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1013.

--Maurice Wintermann of Illinois, a boilermaker, janitor and laborer at various locations from 1950 until 1990, claims mesothelioma. Wintermann will be represented by Andrew O'Brien, Christopher Thoron, Christina J. Neilson, Bartholomew J. Baumstark and Gerald J. FitzGerald of the O'Brien Law Firm in St. Louis. Madison County Circuit Court case number: 09-L-1009.

--John J. Worthen of Illinois, a bricklayer for Worthen Brick Construction Company from 1971 until 1976, a bricklayer for Coppers in 1974, a bricklayer for Ser-Steel from 1976 until 1977 and a bricklayer for National Steel and US Steel from 1977 until now, claims lung cancer. Worthen will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1015

http://www.stclairrecord.com/news/221577-16-new-asbestos-cases-filed-in-madison-county-sept.-21-25

 
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Oil Refineries – Asbestos Trades - Mesothelioma Death Lawsuit

16 new asbestos cases filed inMadisonCountySept. 21-25
10/9/2009 2:23 PM ByKelly Holleran 

A total of 16 new asbestos lawsuits were filed in Madison County Circuit Court during the week of Sept. 21 through Sept. 25.

The following complaints were filed:

--Mary Bertrand ofOntario alleges the recently deceased Robert Bertrand developed mesothelioma after his work as a laborer and insulator at various locations throughoutIllinois andCanada from 1969 until 2008. Mary Bertrand will be represented by Richard L. Saville Jr., Ethan A. Flint and David J. Page of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1003.

--Robert and Isabelle Bullock ofOhio claim Robert Bullock developed mesothelioma after his work as a teacher, minister, bus driver, toll booth operator and self-employed operator of various camps and resorts throughoutIllinois,Missouri,Pennsylvania andNew York from 1950 until 2005. The Bullocks will be represented by Timothy F. Thompson Jr. and Ryan J. Kiwala of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1004.

--Walter Cain, a member of the U.S. Navy from 1967 until 1971 and from 1975 and 1977 and a worker at various other jobs until 2007, claims mesothelioma. Cain will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1017.

--Bruce Klabunde ofNorth Dakota claims his recently deceased mother, Elizabeth Klabunde, developed mesothelioma after her work as a receptionist and home remodeler at various locations from 1970 until 1979. Bruce Klabunde will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1011.

--Gerald and Kathleen LaBathe ofTexas claim Gerald LaBathe developed mesothelioma after his work as a member of the U.S. Army in 1951 and in the National Guard from 1954 until 1974. Gerald LaBathe was also a member of the Asbestos Workers' Local 34 and worked in numerousrefineriesand chemical plants, according to the complaint. The LaBathes will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1018.

--Dolores Molloy ofIllinois claims her recently deceased husband, Joseph Molloy, developed mesothelioma after his work as an electrician and mechanic at various locations from 1948 until 1985. Dolores Molloy will be represented by Nate Mudd of French and Mudd inSt. Louis. Madison County Circuit Court case number: 09-L-1025.

--Fabian Moyano claims his recently deceased father, Guillermo Moyano, developed mesothelioma after his work as a superintendent from 1970 until 1979. Fabian Moyano will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1010.

--Dexter Napier of Georgia, a laborer at various locations from 1961 until 1979, claims lung cancer. Napier will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1012.

--Donald Pattison claims recently deceased Arthella Pattison developed mesothelioma after her work atSt. Johns and Orvid-Elsie schools. She was also exposed to asbestos fibers through her husband, Reo Ivan Pattison, who worked as a press operator. Donald Pattison will be represented by Richard L. Saville Jr., Ethan A. Flint and Andrew J. Balcer of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1026.

--Adriana M. Perez of Florida, a laborer at ABC Print Shop in Miami from 1964 until 1979, a laborer at Haiti from 1964 until 1968, an office worker at Nikki Lu in the 1980s and a secretary at a doctor's office in 1985, claims mesothelioma. Perez claims she was also exposed to asbestos fibers through her husband, who worked as a maintenance worker at a foundry, according to the complaint. Perez will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1002.

--Richard W. and Geraldine F. Reeves of Indiana claim Richard W. Reeves developed mesothelioma after his work as a seaman in the U.S. Navy from 1955 until 1958, as a bill collector for various credit and accounting firms from 1958 until 1970 and as a boilermaker for various employees through the international Boilermaker Union from 1970 until 1995. Richard W. Reeves was also exposed to asbestos fibers through his father, who was a millwright for various employers from 1947 until 1955, according to the complaint. Randy L. Gori of Gori, Julian and Associates in Edwardsville will be representing the Reeves. W. Mark Lanier, Patrick N. Haines, Angela B. Greenberg, Sam T. Richard, Bridget B. Truxillo and Lauren H. Ware of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-1005.

--Ella D. Ridout of Texas claims her recently deceased husband, Thomas G. Ridout, developed lung cancer after his work as a member of the U.S. Air Force from 1971 until 1973, as an iron worker, welder and crane operator for various construction companies from 1974 until 1994, as a general foreman for Martin K. Eby from 1994 until 1995, as a general foreman for H.B. Zachry from 1995 until 2001, as a superintendent for Wanzek Construction from 2005 until 2006 and as a general foreman and general superintendent for Fluor. Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing her. Madison County Circuit Court case number: 09-L-1006.

--Anne M. Schmuhl ofOhio claims her recently deceased father, Julius M. Storti, developed mesothelioma after his work with Transformer Engineering Corp. from 1943 until 2006. Schmuhl will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1014.

--Danielle Taurmina ofNew York claims her recently deceased stepfather, Mario Bosio, developed mesothelioma after his work as a civil engineer and a home remodeler at various locations from 1978 until 1979. Taurmina will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1013.

--Maurice Wintermann ofIllinois, a boilermaker, janitor and laborer at various locations from 1950 until 1990, claims mesothelioma. Wintermann will be represented by Andrew O'Brien, Christopher Thoron, Christina J. Neilson, Bartholomew J. Baumstark and Gerald J. FitzGerald of the O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-1009.

--John J. Worthen of Illinois, a bricklayer for Worthen Brick Construction Company from 1971 until 1976, a bricklayer for Coppers in 1974, a bricklayer for Ser-Steel from 1976 until 1977 and a bricklayer for National Steel and US Steel from 1977 until now, claims lung cancer. Worthen will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1015

http://www.stclairrecord.com/news/221577-16-new-asbestos-cases-filed-in-madison-county-sept.-21-25

 
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Oil Refineries – Asbestos Trades - Mesothelioma Death

Mesothelioma claims the life ofCalifornia man

William E. “Slugger” Church Jr.

March 16, 1954- Jan. 30, 2010

Age:55

Residence
:Paradise,Calif.

He was born to William E. and Della Mae Church on March 16, 1954, inJulesberg,Colo. He fought a long hard battle withmesothelioma cancer and passed on Jan. 30, 2010, at Feather River Hospice House inParadise,Calif., in the presence of loved ones.

He was preceded in death by his parents, William E. Church Sr. and Della Church, and his brother, Ronald Dean.

Slugger grew up inRoggen,Colo., and attended schools inKeenesburg and graduated fromWeldCentralHigh School in 1973. While attending high school, Slugger was on the wrestling team and won theColorado state wrestling championship. After high school, Slugger attended Mesa State College inGrand Junction,Colo., earning his associate degree in auto body. During the summers of his life Slugger worked on his father's custom combine crew.

In 1975, Slugger married CarolynDyess. Together they had one son, Zachariah.

Slugger was remarried in June of 1981 to Barbara Tucker. His family lived inKeenesburg,Colo., where he worked in theoil fields. In 1986, he moved his family toParadise,Calif. He worked odd jobs until he acquired a position with Paradise Irrigation District. He held this job for 20 years.

Slugger leaves his wife of 28 years, Barbara; two sons, Zachariah and Cole; a daughter,Kyndra; a son-in-law, Ricky Rash; four grandchildren,Jenika,Brevin,Kieley and Blake; and three sisters, CindyKilker, Debby Krause (Steve) and LyndaFarner; along with many other relatives who will miss him dearly.

Slugger was full of life and lived it to the fullest. He was a very honest, hard-working man who lived to fish and hunt. He never knew a stranger and was always there to help anyone in need.

Slugger was a member of E.ClampusVitus Chapter 7-11 for 24 years and participated many years in S.E.A.R.C.H. He was also a member of the Chico Bass Club.

Slugger will be greatly missed by his family and friends and will be especially missed by his little dog Riley.

A family gathering will be held inGrand Junction on Saturday, Feb. 27, 2010.

A celebration of life memorial/potluck will be held inKeenesburg,Colo., at the American Legion at 2 p.m. on Sunday, March 7, 2010.

 

http://www.greeleytribune.com/article/20100224/OBIT/100229833/1047

 
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Oil Refineries – $9 Million Dollar Asbestos Wrongful Death Verdict

San Francisco Jury Awards 9,057,775 for Wrongful Death

On November 19, 2008, aSan Francisco jury awarded a total of $9,057,775 to the widow, sons and daughter of two pipefitters who died of an asbestos cancer. The jury rendered their verdict against Plant Insulation Company, formerly known as Plant Asbestos Company.

Jolene Mudgett, the daughter of Joseph Sandra, was awarded $1,250,000 for the death of her father, who succumbed to mesothelioma, a cancer of the lining of the lungswhose only established caused is that of inhaled exposure to asbestos fibers. Mr. Sandra was 87 years old at the time of his death. Mr. Sandra is survived by his daughter, Jolene Mudgett, his son, John Sandra, and his wife, Molly Sandra.

Plant Insulation Company was theNorthern California exclusive supplier of asbestos-containing pipecover, block and asbestos cement products, made by Fiberboard Corporation, known as "Pabco." Plant Insulation Company was a major industrial insulating contractor that exposed Mr. Sandra at a number of bay areaoil refineries from 1955 to 1975. The jury found that Plant Insulation Company was found liable for failing to warn Mr. Sandra about the unsafe insulation products he was exposed to. Plant Insulation company was found to be 18% at fault, with other manufacturers, distributors and suppliers of asbestos products, who were not present at the trial, found to be 82% at fault in causing Mr. Sandra's mesothelioma. Co-worker and eye-witness James Szuch testified for the Plaintiffs.

Franklin Yancey died of mesothelioma at the age of 68 at theUniversity ofTexas,M.D.AndersonCancerCenter, inHouston,Texas. He was survived by his wife of 25 years, Janice Yancey, and two adult sons, Jeff Yancey and Monte Yancey. The jury awarded $7,807,775 in damages. Mr. Yancey worked atSan Francisco oil refineries in the bay area in the 1960s, and his two adult sons followed in the footsteps of their father. Mr. Yancey's co-worker and eye-witness, Vern Gosney, testified for the Yancey family. Plant Insulation company was found to be 10% at fault, with other manufacturers, distributors and suppliers of asbestos products, who were not present at the trial, found to be 90% at fault in causing Mr. Sandra's mesothelioma.

Plaintiff's expert witnesses included Charles Ay, a career insulator and pipefitter, Dr. Barry Horn, a pulmonologist from Berkeley, California; Dr. Richard Cohen, a physician who testified regarding the state-of-the-art, from Saratoga, California; Dr. Brian Dolan, a Southern California internist; John Templin, an industrial hygienist and materials analyst from Long Beach, California; Dr. Allan Smith, an epidemiologist from Berkeley, California, and Dr. Barry Ben-Zion, an economist from Santa Rosa, California.

http://www.mesotheliomaasbestoshelpcenter.com/legal-options-and-rights/mesothelioma-verdicts.html#Janice-Yancey-and-Jolene-Mudgett-vs.-Plant-Insulation-Company

 
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Oil Refineries – Asbestos Trades - $15 Million Asbestos Verdict

Laurel man awarded $15M-plus verdict

Jury finds asbestos caused lung disease

Laurel,Mississippi - April 9, 2010 -Laurel Leader-Call

LAUREL — A Laurel man will receive more than $15 million from a personal injury lawsuit placed against CPChem, a division ofConoco Phillips Corp.

A Jones County Circuit Court jury Wednesday returned a $15.2 million verdict for Troy Lofton, 71, a longtime employee of theoil and well drilling industry. The trial lasted eight days.

J. Robert Sullivan, Sr., one of Lofton’s attorneys, said Thursday that Lofton was diagnosed in 2004 was asbestosis, a lung disease caused by exposure to asbestos.

Sullivan, a Laurel-based attorney with Sullivan & Sullivan, P.L.L.C., said CPChem knowingly shipped a product containing asbestos for 20 years that was used in theoil and gas well drilling industry. He said Lofton and others were exposed to the product calledFlosal, which was poured from 50 pound sacks into a hopper to mix it.

“The dust was enveloping these workers,” he said. “There’s no way the body expels those asbestos fibers because they are so tiny. Once they get into the lungs, they’re just there. In some people, it even causes them to seize.”

Sullivan said that he was able to prove in court thatConoco Phillips and CPChem had information thatFlosal was harmful.

“They were still selling it to theseoil well sites until 1985 when they quit,” he said.

Sullivan noted that asbestos fibers can lie dormant in the body for sometimes up to 40 years.

“That’s why they’re just getting sick with it now,” he said. “Asbestosis is a condition that causes the lungs to lose their ability to be elastic-like. They are filled with scar tissue and the person loses their ability to breath.”

As a result, Lofton remains on oxygen 24 hours a day, Sullivan said.

Lofton’s case would be bad enough on its own, but there are many other cases throughout Jones, Smith and Jefferson Davis counties.

“These cases are just now starting to be tried inMississippi, but there’s been a lot of this same litigation inTexas in the past,” Sullivan said. “This is one of very few asbestos cases that have ever been tried inJonesCounty.”

Attempts to reach attorneys representingConoco Phillips Corp. were unsuccessful as of press time.

http://leadercall.com/local/x1687704245/Laurel-man-awarded-15M-plus-verdict

 
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