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ASBESTOS NEWS DAILY - New York Mesothelioma Lawyer
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Mesothelioma Asbestos inNew York


 

We connect you with experienced Mesothelioma Asbestos lawyers inNew York. If have been diagnosed with Mesothelioma or an Asbestos related illness we can help you file a claim.

Those diagnosed with Mesothelioma and other Asbestos related diseases inNew York have legal options and may seek compensation through Mesothelioma litigation.

Filing a claim against the companies that are responsible for your asbestos exposure will help you gain compensation for medical costs and pain and suffering associated with asbestos-related illnesses. A Mesothelioma lawyer can help you pursue compensation for the following things:

  • Lost income
  • Medical bills
  • Group support for yourself and loved ones
  • End-of-life expenses

We help patients and their families make educated, informed decisions about how to proceed with filing Mesothelioma, Asbestosis and other asbestos-related cancer claims.

We will walk you through the entire process of connecting with an experiencedNew YorkMesothelioma Lawyer and also help you find a qualified Mesothelioma doctor.

 
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New York – Asbestos Bankruptcy – Asbestos Claims

EnPro unit files for bankruptcy over asbestos claims

Mon Jun 7, 2010 10:45am EDT

June 7 (Reuters) - Diesel and dual-fuel engine maker EnPro Industries Inc (NPO.N) said its Garlock Sealing Technologies LLC subsidiary filed for Chapter 11 bankruptcy protection in a North Carolina court to resolveasbestos-related personal injury claims.

All pending litigations will be stayed as Garlock seeks to develop and implement a court-approved plan to permanently resolve all asbestos-related claims, it said in a statement on Saturday.

"Garlock plans to negotiate with representatives of asbestos claimants to establish a trust to pay all valid claims. Absent a negotiated resolution, Garlock intends to ask the court to determine the amount necessary to fund the trust," the company said.

Garlock said that so far, it has processed more than 900,000 asbestos claims to conclusion and, together with its insurers, has paid over $1.4 billion in settlements and judgments and more than $400 million in fees and expenses.

"The filing covers only Garlock operations inPalmyra,New YorkandHouston,Texas," the company said.

"Garlock Rubber Technologies, Garlock Helicoflex, Pikotek, Technetics, Garlock Europe and Garlock operations inCanada,Mexico orAustralia are not affected by the filing, nor is EnPro Industries or any other EnPro operating subsidiary."

However, the filing includes the Garrison Litigation Management Group Ltd, which manages Garlock's asbestos claims and relationships with its insurers, and The Anchor Packing Co, which ceased operations in the mid-1990s.

In court papers, Garlock listed assets in the $500 million to $1 billion range and debt in the $100 million to $500 million range.

The company has obtained $10 million in debtor-in-possession (DIP) financing to continue operations while in bankruptcy.

In a separate statement, EnPro said Garlock contributed about $149 million of third party sales and $20 million of segment operating income to its results in 2009.

Garlock, which was founded in 1887 inPalmyra,New York, produces and sells high performance fluid-sealing products, including gaskets and compression packing used in internal piping and valve assemblies in numerous industries. It employs about 600 people.

Earlier this month, two units of RPM International Inc (RPM.N) also filed for bankruptcy to resolve asbestos-related lawsuits.

Asbestos, once widely used in manufacturing, has been banned by theU.S. government after it was proven to cause cancer, often in people who were exposed by breathing in asbestos particles.

The case is In re: Garlock Sealing Technologies LLC, U.S. Bankruptcy Court, Western District of North Carolina (Charlotte), No. 10-31607. (Reporting by Santosh Nadgir inBangalore; Editing by Gopakumar Warrier)

http://www.reuters.com/article/idUSSGE6560HZ20100607?type=marketsNews


 
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New York – Asbestos Research – Mesothelioma Survival Rate

Gene Test Predicts Survival with Mesothelioma

Last Updated: 2009-05-04 16:27:30 -0400 (Reuters Health)

NEW YORK (Reuters Health) - A 4-gene expression ratio test accurately predicts survival in patients with malignantpleuralmesothelioma, according to a report in the May 6th Journal of the National Cancer Institute.

"Molecular profiling may seem complex, but it can be easily simplified for specific cases for clinical use so that any physician can find it useful," Dr. RaphaelBueno fromHarvardMedicalSchool,Boston, told Reuters Health.

Dr.Bueno and colleagues used results of a prospective clinical trial to evaluate the ability of the 4-gene expression ratio test to predict overall survival and cancer-specific survival in 120 patients undergoing surgery for malignant pleuralmesothelioma.

Patients assigned by the test to the good outcome group had significantly better median overall survival (16.8 months) and median cancer-specific survival (21.9 months) than did patients assigned by the test to the poor outcome group (9.5 months and 15.9 months, respectively), the authors report.

Based on a multivariable analysis, the gene ratio test appeared to provide additional predictive information beyond that provided by current pathological staging methods.

The repeatability of the test results was 88.5% for tumor specimen analyses and 93.4% forpleural biopsy specimens, the researchers note.

Within-patient reproducibility of prognosis predictions was 96.1% using tumor specimens and 94.1% using pleural biopsies.

"Patients assigned to the predicted poor outcome group, particularly when other established prognostic factors such as histology and lymph node status are also suggestive of poor outcome, could be counseled to forgo surgery, which would not benefit them, and to seek best supportive care," the investigators propose.

"Patients whose gene ratio test results predict a good prognosis after surgery may more confidently select the treatment option that includes surgery."

Dr.Bueno said that similar tests could prove useful in "lung cancer, bladder cancer, prostate cancer, breast cancer, etc." He added that the test is already being used at their clinical lab.

JNatl Cancer Inst 2009;101:678-686.

http://www.cancerpage.com/news/article.asp?id=13380

 
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New York – Asbestos Litigation – Mesothelioma Lawsuit

Garlock Sealing Technologies MovesToward a Permanent Resolution of Asbestos Litigation

- Business Will Continue to Operate Without Interruption

By: PR Newswire

Jun. 5, 2010 09:25 AM

PALMYRA,New York., June 5 /PRNewswire-FirstCall/ --Garlock Sealing Technologies LLC, a global leader in fluid-sealing products and a wholly owned subsidiary ofEnPro Industries, Inc. (NYSE: NPO), announced that it has taken a step toward a permanent resolution ofasbestos-related personal injury claims against the company. Today,Garlock filed a voluntary petition in the U.S. Bankruptcy Court for the Western District of North Carolina inCharlotte to establish a trust to resolve all current and future asbestos claims againstGarlock under Section 524(g) of the U.S. Bankruptcy Code.

The filing includes the Garrison Litigation Management Group, Ltd., which managesGarlock's asbestos claims and relationships with its insurers, and The Anchor Packing Company, which ceased operations in the mid-1990s.

"With this action, we moved toward resolving asbestos claims against our company in a permanent, transparent and efficient manner," said DaleHerold, president ofGarlock Sealing Technologies. "We have begun a process that we believe will result in a comprehensive resolution of all current and future claims againstGarlock while preserving the value and protecting the future of our company and without interruption of our normal business operations."

Garlock previously manufactured products which contained asbestos. Despite the fact that the asbestos fibers were non-friable and encapsulated within the product,Garlock has defended claims regarding exposure to asbestos in gasket sealing products for 35 years.Garlock has processed more than 900,000 asbestos claims to conclusion (including judgments, settlements and dismissals) and, together with its insurers, has paid over $1.4 billion in settlements and judgments and over $400 million in fees and expenses.

Garlock anticipates that the process it initiated today will not disrupt service to customers, that suppliers will be paid in full, that employees will retain their salaries and benefits and that retiree pensions and other benefits will continue to be paid in the ordinary course.

Garlock has obtained $10 million in debtor-in-possession (DIP) financing from Bank of America, which, subject to court approval, would provide additional liquidity, if necessary, during the process.

Herold stated, "Garlock's cash flows should be sufficient for us to operate our business without interruption and to maintain our commitments to our employees, customers, and suppliers. The DIP financing would provide additional resources, should we need them. As we begin this process, we have complete confidence in the dedication of our employees, who are the core of our operation. We also greatly value our relationships with our customers and suppliers and appreciate their continuing support."

"Most importantly, we remain committed to excellence in all that we do. We will continue to be a safe and productive company, a good neighbor, a good place to work and a strong competitor," addedHerold.

Garlock will operate in the ordinary course under court protection from asbestos claimants while in the claims resolution process available under Chapter 11. All pending litigation againstGarlock will be stayed as the company seeks to develop and implement a court-approved plan to permanently resolve all asbestos-related claims.Garlock plans to negotiate with representatives of asbestos claimants to establish a trust to pay all valid claims. Absent a negotiated resolution,Garlock intends to ask the court to determine the amount necessary to fund the trust.

"This step is not an indication of current financial distress atGarlock,"Herold said. "Our company is strong. We believe we can fund a settlement trust in full with our own resources while maintaining our position as the leader in fluid sealing technology and preserving our opportunities for growth."

Steve Macadam, president and chief executive officer ofEnPro Industries, said, "We are completely committed toGarlock. It is a core investment, and we will continue to seek opportunities for growth in the markets it serves."

The filing covers onlyGarlock operations inPalmyra,New YorkandHouston,Texas.Garlock Rubber Technologies,GarlockHelicoflex,Pikotek,Technetics,Garlock Europe andGarlock operations inCanada,Mexico orAustralia are not affected by the filing, nor isEnPro Industries or any otherEnPro operating subsidiary.

AboutGarlock Sealing Technologies

Headquartered inPalmyra,New York,Garlock Sealing Technologies LLC is anEnPro Industries, Inc. company (NYSE: NPO). For more than a century,Garlock has been helping customers efficiently seal the toughest process fluids in the most demanding applications.

Forward-Looking Statements

Statements in this release that express a belief, expectation or intention, as well as those that are not historical fact, are forward-looking statements under the Private Securities Litigation Reform Act of 1995. The words "may," "hope," "will," "should," "could," "expect," "plan," "anticipate," "intend," "believe," "estimate," "predict," "potential," "continue," and other expressions which are predictions of or indicate future events and developments and which do not relate to historical matters identify forward-looking statements. These forward-looking statements involve a number of risks and uncertainties that may cause actual events and results to differ materially from such forward-looking statements. These risks and uncertainties include, but are not limited to:Garlock's ability to reach acceptable agreements with asbestos claimants and other creditors,Garlock's ability to obtain court approval for a proposed plan, unforeseen developments affectingGarlock's ability to pay creditors in full and adequately fund a trust to resolve all current and future asbestos claims. We do not undertake to update any forward-looking statement made in this release to reflect any change in management's expectations or any change in the assumptions or circumstances on which such statements are based.

SOURCEGarlock Sealing Technologies LLC

Published Jun. 5, 2010— Reads 105
Copyright © 2010 SYS-CON Media, Inc. — All Rights Reserved.
Syndicated stories and blog feeds, all rights reserved by the author.

http://www.sys-con.com/node/1420922

 
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New York – Asbestos Trades –Mesothelioma Asbestos Lawsuits

27 new asbestos cases filed Nov. 2-6 inMadisonCounty
11/20/2009 7:39 AM By Kelly Holleran 

A total of 27 newasbestos lawsuits were filed in Madison County Circuit Court throughout the week of Nov. 2 through Nov. 6.

The following suits were filed:

--Bob D.Berlin ofMinnesota, a plumber, sheet metal worker, electrician and laborer at various locations from 1966 until 1979, claims lung cancer.Berlin 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-1188.

--David and Kathleen Black ofNew York claim David Blackdeveloped mesothelioma after working as a painter and drywaller from 1971 until 1978, as a mechanic and infantryman at St. Leonard Wood from 1975 until 1997, as an accident investigator for the U.S. Army from 2000 until now and as a shadetree mechanic from 1958 until 1980. The Blacks will be represented by Randy L. Gori of Gori, Julian and Associates inAlton. W. Mark Lanier, Patrick N. Haines, W. Casey Harris and M. Clay Fostel of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-1165.

--Elroy Christiansen ofWisconsin, an electrician at various locations from 1966 until 1999, claims lung cancer. Christiansen will be represented by Randy S. Cohn of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1167.

--Richard Clemons of Virginia, a painter at various locations from 1971 until 1979, claims lung cancer. Clemons 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-1172.

--Janet Elrod claims the recently deceased Betty R. Walker developed mesothelioma after being exposed to asbestos fibers through her family member, William Walker, who worked as an electrician from 1960 until 1972 at various locations. Elrod 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-1195.

--Mark and Margaret Garbry ofNew York claim Mark Garbrydeveloped mesothelioma after his work as adrop hammer operator at Oneida Limited Silverware Company from 1966 until 2009, as a part-time EMT worker from 1989 until 2002 and as a shadetree mechanic in the 1970s. The Garbrys will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, R. Craig Bullock and J. Kyle Beale of the Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-1178.

--Henry C. Gayden ofKentucky, a laborer and welder at various locations from 1967 until 1979, claims lung cancer. Gayden 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-1192.

--Robert N. Gitzen ofPennsylvania, a laborer and steelworker at various locations from 1964 until 1979, claims lung cancer. Gitzen 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-1193.

--Darwin B. Hoover ofLouisiana, a welder and laborer at various locations from 1961 until 1979, claims lung cancer.Hoover will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Anglides and Barnerd of East Alton. Madison County Circuit Court case number: 09-L-1191.

--Betty Huff ofMissouri claims her recently deceased husband, J.L. Huff, developed mesothelioma after his work as a maintenance worker, millwright and foreman at Masonite from 1948 until 1985 and as an insulator at Ingalls Shipbuilding in the 1960s. Betty Huff 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-1175.

--Robert M. and Margatette Law of Virginia claim Robert Law developed mesothelioma after his work with Alcoa from 1944 until 1945 and as a member of the U.S. Air Force from 1950 until 1971. Robert M. Law was also exposed to asbestos fibers through his father, who worked at the same facility for 20 years while Robert M. Law was living with him. The Laws 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-1183.

--Jeana Manolescu ofNew York claims shedeveloped mesothelioma after being exposed to asbestos fibers through her family member, Vincent Egresits, who worked as a laborer, electrician and home remodeler at various locations from 1970 until 1979. Manolescu 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-1173.

--Arval R. Mason ofArkansas, a laborer at various locations from 1967 until 1979, claims lung cancer. Mason 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-1187.

--Joseph Maurelli Jr. ofColorado, a facilities engineer, an engineer, a project manager and a reactor operator at various locations throughoutIllinois,Minnesota,California,Colorado andIdaho from 1960 until 2009, claims pleural mesothelioma. Maurelli will be represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1184.

--Anthony J. McDonald ofNevada, a marine, tree cutter, truck driver and meat cutter at various locations from 1963 until 1979, claims mesothelioma. McDonald 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-1174.

--James Moroney ofWisconsin, a delivery man, mechanic, laborer, millwright and electrician at various locations from 1960 until 2007, claims pleural mesothelioma. Moroney will be represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1186.

--Ferris Murphy ofNevada claims her recently deceased husband, Laurence S. Murphy, developed lung cancer after his work as a plumber and home remodeler at various locations from 1955 until 1979. Ferris Murphy 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-1197.

--Aileen Noll of Wisconsin claims her recently deceased father, William Noll, developed mesothelioma after his work as a mechanic in the U.S. Army from 1969 until 1972, as a laborer at various sites from 1976 until 1977, as a mechanic from 1977 until 1979, as a drywaller and general residential construction worker 1966 until 1978 and as a shadetree mechanic from 1969 until 1991. Aileen Noll will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, W. Casey Harris and M. Clay Fostel of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-1166.

--Keith Pace ofNevada claims his recently deceased father, Alfred Pace, developed mesothelioma after his work as a laborer and shipwright at various locations from 1954 until 1979. Pace 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-1171.

--Melvin and Darlene Peterson of Utah claim Melvin Peterson developed mesothelioma after his work as a car salesman at Bosse Motors from 1959 until 1962, as a bricklayer at Powell College from 1960 until 1961, as a laborer at Standard Refinery from 1961 until 1962, as a car salesman at Capital Chevrolet Company from 1962 until 1964, as a partner in Peterson Brothers Construction Company from 1964 until 1967, as a partner in Peterson Trailer and Auto Sales from 1966 until 1967, as the owner and manager of Peterson Auto Sales beginning in 1967 and as a safety inspector and car repairman at Pete's Texaco beginning in 1972. The Petersons 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-1164.

--Dale Rhine ofIllinois, a laborer, concrete finisher, pipefitter helper and engineer at various locations from 1950 until 1979, claims asbestosis. Rhine 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-1194.

--Antonio Rivas of Washington, a laborer and welder at various locations from 1968 until 1979, claims colon cancer. Rivas 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-1189.

--Gala Seay ofNorth Carolina, a laborer, coal miner and home remodeler at various locations from 1973 until 1979, claims lung cancer. Seay 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-1196.

--Penn Smith of Utah, an electrician at various locations from 1965 until 1979, claims lung cancer. Smith 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-1190.

--Laura Thompson ofNevada, a dental assistant, office manager, bookkeeper and office assistant at various locations throughoutIllinois,California,Arkansas,Montana andUtah, claims mesothelioma. Thompson was also exposed to asbestos fibers through her father, who worked as a construction laborer and construction supervisor from 1936 until 1961. Thompson will be represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1179.

--Frances Trillet ofLouisiana, a dental assistant from 1957 until 1963, claims mesothelioma. Trillet will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1182.

--Angela Van Vranken ofTennessee claims her recently deceased mother, Pauline Mahoney, developed mesothelioma after her work as an assembly line worker, waitress and homemaker at various locations throughoutIllinois,Kentucky,Ohio andTennessee from 1943 until 2009. Mahoney was also exposed to asbestos fibers through her husband, William Mahoney Jr., who worked as a motor car repairman, pump repairman, electrician, pipefitter, bridge repairman, bridge inspector and superintendent from 1933 until 1977, and through her son, Barry Mahoney, who worked as a laborer from 1983 until 1988. Van Vranken will be represented by Amy E. Garrett and Sean M. Keane of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1168.

http://www.madisonrecord.com/news/223205-27-new-asbestos-cases-filed-nov.-2-6-in-madison-county

 
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New York – Asbestos Trades – Mesothelioma Asbestos Cases Filed

29 new asbestos cases filed inMadisonCountyNov. 16-20
12/3/2009 8:16 AM By Kelly Holleran

A total of 29 newasbestos lawsuits were filed in Madison County Circuit Court throughout the week of Nov. 16 through Nov. 20.
The following complaints were filed:

--Franklin and Ruby Baker of Alabama claim Franklin Baker developed lung cancer after his work as a carpenter for the Local 1209 from 1964 until 1999 and as a mechanic at Nitrate City Garage from 1957 until 1960. The Bakers 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-1209.

--Timmy and Kimberly Black ofMissouri claim Timmy Black developed mesothelioma after his work as an assembler, timekeeper, maintenance worker and landscaper at various locations throughoutIllinois andMissouri from the early 1970s until now. The Blacks will be represented by Nicholas J. Angelides and Taylor L. Kerns of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1242.

--Jesse and Charlene Brewer ofIndiana claim Jesse Brewer developed mesothelioma after his work as a laborer, maintenance man and roofer at various locations from 1962 until 2001 throughoutIllinois,Ohio andIndiana. The Brewers will be represented by Timothy F. Thompson Jr. of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1244.

--Elizabeth Butler ofTexas claims her recently deceased husband, V.J. Butler, developed mesothelioma after his work as a concrete laborer, owner and operator at various locations from 1962 until 2009.Butler will be represented by Amy E. Garrett and Sean M. Keane of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1234.

--Paul Carter ofAlabama claims his recently deceased mother, Pauline Carter, developed mesothelioma. Pauline Carter was exposed to asbestos fibers through her husband, who worked for United States Steel for 44 years. Paul Carter 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-1264.

--Harry Cheatham ofTexas, a service station attendant, laborer, crane operator, plumber, electrician's helper and maintenance worker at various locations inTexas from 1969 until 2009, claims mesothelioma. Cheatham will be represented by Richard L. Saville, Ethan A. Flint, Stephen C. Jones, Andrew J. Balcer and Jessica L. Benton of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1259.

--Elmer C. Curran ofMissouri, a Navy Seaman, machinist and plasterer at various locations from 1944 until 1979, claims mesothelioma. Curran will be represented by The O'Brien Law Firm. Madison County Circuit Court case number: 09-L-1249.

--Ira K. Eastman ofTennessee claims his brother-in-law, Herman A. Bell, developed mesothelioma after his work in the U.S. Navy from 1940 until 1964, at Owens-Illinois from 1964 until 1966 and as a boiler technician from 1966 until 1987. Eastman will be represented by Goldenberg, Heller, Antognoli and Rowland. Madison County Circuit Court case number: 09-L-1256.

--Daniel and Nancy Foster ofTexas allege Daniel Foster developed mesothelioma after his work as a boiler tender. The Fosters will be represented by Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1254.

--Peter and Susan L. Friedman ofMichigan claim Peter Friedman developed mesothelioma after his work as a plumber and pipefitter from 1964 until 2009. The Friedmans will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, C. Taylor Campbell, J.D. McMullen, William H. Barfield and Aaron Plumlee of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-1246.

--Harvey Gilroy of Oklahoma, a laborer, x-ray technician, operator and owner at various locations throughout Illinois, Oklahoma, Kansas, Texas, Colorado, Wyoming, Indiana, Montana, Wisconsin, Minnesota, Iowa, Georgia, Alabama and Missouri from 1963 until now, claims mesothelioma.Gilroy will be represented by Timothy F. Thompson Jr. and Stephanie A. Lyons of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1245.

--Lisa and Tom Gonneville ofMaine claim Lisa Gonneville developed mesothelioma after her work as a clerk and day care provider at various locations throughoutIllinois andMaine from 1986 until 2009. Lisa Gonneville was also exposed to asbestos fibers through her father, who worked as a laborer, operator, road construction laborer and truck driver at various locations from 1967 until 2009, according to the complaint. The Gonnevilles will be represented by Amy E. Garrett and Sean M. Keane of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1231.

--Jack Hair ofSouth Carolina claims the recently deceased Keith Hair developed mesothelioma after his work in the U.S. Navy from 1960 until 1987. Jack Hair will be represented by Richard L. Saville Jr., Ethan A. Flint and Stephen C. Jones of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1262.

--Herbert Austin and Carolton D. Harper of Alabama claim Herbert Austin Harper developed lung cancer after his work as a brick mason for Bob Bunn Masonry from 1958 until 1959, as a textile worker for Printed Fabrics from 1959 until 1961, as a combat engineer from 1961 until 1964, as a brick mason for Buddy Rogers Masonry from 1967 until 1969, as a brick mason for Horace Johnson Masonry from 1969 until 1973 and as a brick mason for Austin Harper Masonry from 1973 until 2008. The Harpers 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-1267.

--Janet Harvey ofLouisiana claims her recently deceased decedent, Durwood Herbert, developed mesothelioma after his work as a laborer for more than 30 years at Exxon Mobil and in the U.S. Army.Harvey will be represented by Richard L. Saville Jr., Ethan A. Flint and Stephen C. Jones ofAlton. Madison County Circuit Court case number: 09-L-1243.

--Gwedolyn Joseph ofTexas claims her recently deceased mother, Viola Joseph, developed mesothelioma after her work as a cashier and laborer at various locations throughoutIllinois andTexas from the 1960s until the 1970s. Viola Joseph was also exposed to asbestos fibers through her husband, who worked as a laborer from 1948 until 1978, and through her father, who worked as a laborer at various locations from 1930 until 1948, according to the complaint. Gwendolyn Joseph will be represented by Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1253.

--Clarissa Leipprandt ofMichigan claims the recently deceased Martin Leipprandt developed mesothelioma after his work as a farmer and welder. Leipprandt will be represented by Richard L. Saville Jr., Ethan A. Flint and Stephen C. Jones of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1263.

--Michael Linnane ofPennsylvania, a driver at various locations throughout theUnited States from 1972 until 1994, claims mesothelioma. Linnane was also exposed to asbestos fibers through his father, John Linnane, who worked as a steel worker at various locations from 1953 until 1971. Michael Linnane will be represented by Brian J. Cooke and Drew Sealey of Simmons, Browder, Gianaris, Angelides and Barnerd. Madison County Circuit Court case number: 09-L-1225.

--Robert and Leona Medler ofNew York claim Robert Medlerdeveloped mesothelioma after his work as a laborer and operator at various locations throughoutIllinois andNew York from 1946 until 2001. The Medlers will be represented by Timothy F. Thompson Jr., Ryan J. Kiwala and Stephanie A. Lyons of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1226.

--Michael and Patricia Misk of Illinois claim Michael Misk developed mesothelioma after his work as a draftsman at the Vap-Air Division of Varpok Heating from 1957 until 1962, as a detailer at Pioneer Engineering from 1962 until 1963, as a senior draftsman at Admiral Corporation in 1963, as a junior design at Stenographic Machine from 1963 until 1966 and as a mechanical engineer from 1967 until 1997. The Misks 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-1265.

--Joseph A. Montanaro ofMissouri, a sailor, midshipman and pilot at various locations inIllinois from 1938 until 1980, claims mesothelioma. Montanaro will be represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-1241.

--Jerry Moore of Illinois, a machinist mate, material handler, material foreman, plant manager, fireman, water tender, marine oiler, marine striker and security therapy aide at various locations throughout Illinois and Missouri from 1959 until 2001, claims lung cancer.Moore will be represented by Amy E. Garrett of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1235.

--Cynthia Riley of Missouri claims her recently deceased husband, James Riley, developed lung cancer after his work at Kingsford Charcoal from 1973 until 1974, as a welder at Kemco Tool & Die from 1974 until 1975, as a bus driver for special school district from 1975 until 1976, as a welder at Affiliated Hospital Products from 1976 until 1977, as a welder at Heflin Stool in 1978, as a fitter, welder and leadman at Marathon Steel from 1978 until 2003, as a driver at Swift Transportation from 2003 until 2005, as a driver at Emerson Transportation from 2005 until 2006, as a driver at Express I from 2006 until 2007, as a driver at U.S. Express in 2008 and as a driver at Delta Express from 2008 until 2009. In addition, James Riley performed home remodeling work in the 1970s. Cynthia Riley 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-1247.

--Robert H. and Brenda G. Ryder of Alabama claim Robert H. Ryder developed lung cancer after his work as a millwright for Eichleay Corporation in Henderson, Ky., from 1972 until 1973, as an equipment setter and laborer for Machias Power Plant from 1973 until 1974, as a heavy equipment operator for Blue Rock Industries from 1974 until 1977, as a laborer for FA Tucker from 1977 until 1978, as a laborer for H.E. Sargent from 1979 until 1980, as a laborer operator for Lincoln Pulp and Paper Co. from 1980 until 1981, as a sandblaster and painter at Eastern Fine Paper from 1981 until 1984, as a roofer and construction worker for Gerard and Sons Roofing Co. from 1984 until 1988, as a turbine, paper machine and steel worker from 1988 until 1990, as a turbine, paper machine and steel worker from 1990 until 2000 and as a turbine, paper machine and steel worker from 2000 until 2002. The Ryders 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-1268.

--Charles J. Smith Jr. ofColorado claims his recently deceased father, Charles J. Smith Sr., developed mesothelioma after his work as a truck driver, bus driver and laborer at various locations throughoutIllinois from 1954 until 2006. Charles J. Smith Jr. will be represented by Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1258.

--John D. Steele ofNebraska, a farmer and machinist from 1952 until 1980, claims mesothelioma. Steele will be represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of the O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-1250.

--John Thompson ofCalifornia claims his recently deceased father, Western Thompson, developed mesothelioma after his work as a mechanic, aircraft mechanic, owner and truck driver at various locations throughoutIllinois andCalifornia from 1938 until 1986. John Thompson will be represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1260.

--Marcella Trout ofTexas claims her recently deceased daughter, Marcy Campbell, developed mesothelioma.Campbell was exposed to asbestos fibers through her father, who worked as an electrician and maintenance electrician from 1947 until 1985 throughoutIllinois,Nebraska andCalifornia, according to the complaint. Trout will be represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1232.

--James R. Walton ofIllinois, a boiler operator for Caterpillar inIllinois from 1958 until 1968 and a maintenance supervisor atMorrisHospital from 1972 until 1996, claims mesothelioma. Walton was also exposed to asbestos fibers through his wife, who worked as a boiler operator from 1957 until 1958 and from 1968 until 1972. Walton 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-1266.

http://www.madisonrecord.com/news/223437-29-new-asbestos-cases-filed-in-madison-county-nov.-16-20


 
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New York – Asbestos Trades – Asbestos Mesothelioma Lawsuits 

13 new asbestos suits filed inMadisonCountyNov. 23-27
12/7/2009 12:56 PM By Kelly Holleran 

A total of 13 new asbestos lawsuits were filed in Madison County Circuit Court during the week of Nov. 23 through Nov. 27.

The following complaints were filed:

--Scott Carruthers ofIdaho claims his recently deceased father, Robert Carruthers, developed mesothelioma after his work as a pipefitter at various locations throughoutIllinois andIdaho from 1963 until 2001. Carruthers will be represented by Amy E. Garrett and Sean M. Keane of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1271.

--David B. and Sherley Caudill of Arkansas claim David B. Caudill developed mesothelioma after his work as a mechanic at Caudill's Garage from 1955 until 1959, as a laborer at Arizona Citrus Growers from 1957 until 1959, as a laborer for Arizona Auto Parts Supply from 1960 until 1962, as a mechanic and construction laborer from 1962 until 1965, as a mechanic for the Arizona Highway Department in Arizona from 1960 until 1977, as an electrician from 1977 until now for Russellville Electronics, as a home remodeler from 1963 until 1977 and as a shadetree mechanic from 1955 until 1985. The Caudills will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, W. Casey Harris and M. Clay Fostel ofThe Lanier Law Firm inHouston. Madison County Circuit Court case number: 09-L-1281.

--Rebecca Croucher ofNew York claims the recently deceased Arleen Besserdeveloped mesothelioma after her work as a secretary for more than a decade and as a home improver from 1972 until 1976. Croucher will be represented by Richard L. Saville Jr., Ethan A. Flint, Andrew J. Balcer and Jessica L. Benton of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1282.

--Lester and Mary Davis ofFlorida claim Lester Davis developed mesothelioma after his work in the U.S. Coast Guard from 1943 until 1945, as a delivery man at Dellwood Dairy from 1946 until 1971 and as a plant operator atHoustonIndependentSchool District from 1972 until 1990. TheDavis 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-1279.

--Debra Granger of Indiana claims her recently deceased father, Eugene Marietta, developed mesothelioma after his work as a home constructor from the 1960s until the 1970s, as a shadetree mechanic from the 1940s until the 1970s, as a worker wrapping pipes with insulation from 1951 until 1953, as the owner of a drive thru movie business in 1970, as the owner and operator of a floral shop from 1971 until 1977, as realtor from 1978 until 1982 and as the owner and operator of weight loss centers from 1983 until 1988. Randy L. Gori of Gori, Julian and Associates in Edwardsville will be representing her. W. Mark Lanier, Patrick N. Haines, R. Craig Bullock and J. Kyle Beale of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-1278.

--Willard and Emma K. Johnson ofIllinois claim Willard Johnson developed lung cancer after his work as a machine repairman for Barber-Colman Company in 1943, as a member of the U.S. Navy from 1945 until 1948 and as a machine repairman from 149 until 1990. The Johnsons 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-1284.

--Rita Lanham-Benson ofTennessee claims her recently deceased husband, S. Dewayne Lanham, developed mesothelioma after his work as a facility manager and home remodeler from 1961 until 1970. Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton will be representing her. Madison County Circuit Court case number: 09-L-1273.

--Paul and Judith Napierala ofWisconsin claim Paul Napierala developed mesothelioma after his work as an electrician from 1960 until 1999. The Napieralas will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates of Edwardsville. Madison County Circuit Court case number: 09-L-1280.

--Kathryn Peil ofMinnesota claims her recently deceased husband, James R. Peil Sr., developed as a laborer and home remodeler at various locations from 1956 until 1979. Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton will be representing her. Madison County Circuit Court case number: 09-L-1274.

--Joseph and Joan Schneider ofMichigan claim Joseph Schneider developed mesothelioma after his work as a laborer, assembly line worker, owner and operator of a lawnmower and chainsaw service shop and co-owner and co-operator of a residential insulation company at various locations throughoutIllinois andMichigan from 1948 until the 1980s. The Schneiders 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-1277.

--Lula Shoff ofArizona, a laborer and assembly line worker at various locations from 1954 until 1970, claims lung cancer. Shoff 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-1272.

--Diane Welstad ofNevada claims her recently deceased father, Robert Wilcoxson, developed mesothelioma after his work as a mechanic, machinist and home remodeler at various locations from 1955 until 1979. Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton will be representing her. Madison County Circuit Court case number: 09-L-1275.

--Kenneth R. and Rita Wilson ofIllinois claim Kenneth R. Wilson developed mesothlioma after his work as a service station worker in 1967, a member of the U.S. Navy from 1968 until 1969 and a general laborer from 1970. TheWilsons will be represented by Richard L. Saville Jr., Ethan A. Flint, Andrew J. Balcer and Jessica L. Benton of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1276.

http://www.madisonrecord.com/news/223498-13-new-asbestos-suits-filed-in-madison-county-nov.-23-27

 
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New York – Asbestos Trades – Asbestos Mesothelioma Lawsuit

13 new asbestos suits file Nov. 30-Dec. 4 inMadisonCounty
12/21/2009 8:52 AM By Kelly Holleran 

A total of 13 newasbestos lawsuits were filed in Madison County Circuit Court throughout the week of Nov. 30 through Dec. 4.

The following complaints were filed:

--Barbara Brawley of Arkansas claims her recently deceased husband, Thomas Brawley Jr., developed mesothelioma after his work at Liquid Carbonic and W.P. Rock in Illinois in 1954; as a pipefitter at DuPont Chemical from 1964 until 1965; at Hoyer Schlesinger Turner in 1968; at Piping Systems from 1968 until 1970; as an insulator and laborer at Brown and Roots from 1969 until 1985; and as a member of the Steamfitters' Local 614. Barbara Brawley 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-1306.

--Deborah and Glenn Briscoe ofWest Virginia claim Deborah Briscoe developed mesothelioma after her work at UPS Freight from 1972 until 2009. She was also secondarily exposed to asbestos fibers through her husband, who worked as an electrician, and through her father, who was a mechanic, according to the complaint. The Briscoes 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-1292.

--Beverly Dietrich ofMinnesota claims her brother, Richard Dietrich, developed mesothelioma after his work as a supervisor at various locations from 1952 until the late 1980s. Beverly Dietrich will be represented by Nicholas J. Angelides of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1302l

--David Gallagher ofNew York claims his recently deceased father, Arnold Gallagher,developed mesothelioma after his work as a machinist, oiler, expediter, planner, mechanic, sales, building maintenance and maintenance manager at various locations throughout Illinois, Massachusetts, Rhode Island, California and Utah from 1956 until 1998. David Gallagher will be represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1303.

--Sam E. and Shirley Grace Jones of Alabama claim Sam E. Jones developed mesothelioma after his work as a farmer and construction worker from 1940 until 1966, as a laborer at Enterprise Oil Mill from 1966 until 1979, as an assembly line worker for Dorsey's Tractor Trailer from 1966 until 1994 and as a security officer for Session Company from 1982 until 1983. The Jones 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-1289.

--William Helsby ofNevada, a technician, tool and dye worker, mold helper and iron cutter at various locations throughoutIllinois andMichigan from 1957 until 1998, claims mesothelioma. Helsby will be represented by Randy S. Cohn of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1309.

--Gregory A. and Patricia M. Kozlowski ofPennsylvania claim Gregory A. Kozlowski developed mesothelioma after his work as a union laborer for LIUNA Local #373 from 1967 until 1978 and as an operating engineer with IUOE Local #66 from 1978 until 1992. The Kozlowskis 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-1298.

--Charles R. Nahl ofMinnesota, an electrician at Great Northern Railway from 1952 until 1991, claims mesothelioma. Nahl 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-1293.

--Janet Neumann of Wyoming claims her recently deceased husband, Dale L. Neumann, developed lung cancer after his work as a pipefitter and welder from 1952 until 1956, as a welder for Independent Engineering Company from 1956 until 1961, as a worker for JMJ Industries and as a self-employed contractor in 1957, as a construction worker in 1958 for Ben Ruser Construction, as a contractor for M & H Builders from 1961 until 1962, as a self-employed contractor from 1962 until 1990 and as a wood worker from 1990 until his death. Janet Neumann 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-1311.

--Richard and Kathleen Pierce of Minnesota claim Richard Pierce developed mesothelioma after his work as a shipping packager at LDI Safeco in 1996, as a boiler tech for the U.S. Navy from 1961 until 1964, as a warehouseman, forklift operator and receiving checker for United Hardware from 1967 until 1991, as a shipper and receiver for Ausburg Fortress Publishers from 1991 until 1995, as a slag stripper at Olympic Steel from 1996 until 1997, as an order preparer at Kmart Distribution Center from 1997 until 2000, as a shadetree mechanic from the 1960s until 1980s, as general laborer at a cheese plant from 1964 until 1965, as a gas pumper and cashier in the 1960s and as a warehouseman at St. Regis Paper Company in the 1960s. The Pierces will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, R. Craig Bullock and J. Kyle Beale of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-1294.

--Nancy Pigue ofMissouri claims her recently deceased husband, Edward Pigue, developed mesothelioma after his work as a truck driver, laborer and mechanic's helper from 1943 until 1986. Nancy Pigue will be represented by Randy S. Cohn of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1296.

--Leslie E. Rees ofCalifornia, a service boiler maker from 1950 until 1955, a member of the United States Navy at various intervals from 1950 until 1969, a research and development technician from 1968 until 1971 and a building maintenance laborer from 1973 until 1977, claims mesothelioma. Rees will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1297.

--Lorenzo Walker of Iowa, a stocker at Baker's Supermarket in 1993, a worker at Caniglia Italian Restaurant in 1994, a packer at Arnie Hanson's Furniture Moving from 1995 until 1998 and a temporary worker at All in a Day Temp Service from 1995 until 2001, claims mesothelioma.Walker 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-1310.

http://www.madisonrecord.com/news/223771-13-new-asbestos-suits-file-nov.-30-dec.-4-in-madison-county


 
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New York – Asbestos Trades – Asbestos Cases Filed

27 new asbestos cases filed inMadisonCountySept. 8-11
9/22/2009 1:49 PM By Kelly Holleran

A total of 27 newasbestos lawsuits were filed in Madison County Circuit Court during the week of Sept. 8 through Sept. 11.

The following complaints were filed:

--Leslie Arp ofIllinois, an insulator at various locations throughoutIllinois from 1957 until 2000, claims colon cancer. Arp 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-942.

--Christine Blackmon ofAlabama claims mesothelioma. Blackmon was exposed to asbestos fibers through her husband, who was a carpenter at Brasfield and Gorrie Construction from 1978 until 1998, according to the complaint. She was also exposed when her husband performed remodeling work on their home in the 1970s, the suit states. Blackmon 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-945.

--Andrew W. Brule ofNew York, a laborer and foreman from 1955 until 1979,claims lung cancer. Brule 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-957.

--Debby Canarini ofIndiana claims her recently deceased husband, Sargio Canarini, developed lung cancer after his work as a laborer, iron worker, engineer and home remodeler from 1960 until 1979. Canarini 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-955.

--Ezra and Emma Crawmer ofMissouri claims Ezra Crawmer developed mesothelioma after his work as a carpenter at various locations throughoutIllinois andMissouri from 1943 until 1988. The Crawmers are 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-972.

--Kathryn and Ronald Dehning ofIowa claim Kathryn Dehning developed mesothelioma after her work with molding compounds and plastics and as a member of the machinists' union. Kathryn Dehning was also secondarily exposed to asbestos fibers through her husband, who worked on his father's farm, at a local lumber yard in 1966, as a machinery dealer, as a laborer at Mealey Goss Dexter from 1966 until 1967 and as a laborer at Lang's Dairy Equipment from 1967 until 2009, according to the complaint. The Dehnings 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-968.

--Christina Eaken ofIllinois claims her recently deceased father, Donald Creamer, developed lung cancer after his work as a laborer, electrician and home remodeler at various locations from 1954 until 1979. Eaken 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-952.

--Donald Fallin ofLouisiana, a painter and repairman from 1955 until 1979 at various locations, claims lung cancer. Fallin 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-938.

--Bonnie Harrison claims the recently deceased Luralove Stripling developed mesothelioma after her work as a teacher at various locations from 1965 until 1979. Luralove Stripling was also exposed to asbestos fibers after her family member, Abner Stripling, worked as a pipefitter at various locations from 1940 until 1977, according to the complaint. Bonnie Harrison 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-963.

--William L. Hawkins ofWashington,D.C., claims his recently deceased mother, Kathleen Porter-Hawkins, developed mesothelioma after her work at Norfolk Naval Base and Shipyard from 1941 until 1944, with Bethlehem Steel from 1944 until 1949, at American Silk Mill from the 1940s until the 1950s and at Gordonsville Industries from 1968 until 1976. William L. Hawkins 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-969.

--Marshall J. and Emma Hooks ofGeorgia claim Marshall Hooks developed mesothelioma after his work at Auto Paints and Supplies from 1958 until 1960 and as a grab truck driver and millwright for International Paper Company from 1960 until 2002. The Hooks 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-962.

--Linda Iannone ofNew Jersey claims her recently deceased husband, John Iannone, developed lung cancer after his work as a laborer, wire assembler, dispatcher, material handler, bench hand, layout operator and home remodeler at various locations from 1951 until 1979. Linda Iannone 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-953.

--Rheta Larson ofMinnesota, a laborer and office clerk at various locations from 1969 until 1971, claims mesothelioma. Larson 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-959.

--Catherine Lavallee ofMassachusetts, a chef, mortgage processor, delivery driver, assembly line worker and quality control inspector at various locations from 1982 until now, claims mesothelioma. Lavallee says she was also exposed to asbestos fibers through her family member, Michael Stevens, who worked as a home remodeler at various locations from 1968 until 1979. Lavallee 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-940.

--Sandra Lee ofCalifornia claims her recently deceased father, Wilburn H. Smith, a merchant marine oiler, fireman, boiler tender and home remodeler at various locations from 1940 until 1978, developed lung cancer. Lee 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-954.

--John Leonard ofMissouri, a laborer at various locations from 1968 until 1979, claims esophageal cancer. Leonard 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-939.

--Helene Loewen claims her recently deceased husband, Kenneth Loewen, developed mesothelioma after his work as a plumber's assistant, pipe layer, boilerman, gas fitter, furnace installer, heating supplies salesman and deliveryman, plumber, sheet metal worker, heating and air-conditioning serviceman and HVAC equipment manager at various locations from 1954 until 1979. Helene Loewen will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd. Madison County Circuit Court case number: 09-L-941.

--Leland Lorbecke ofWisconsin, a farm hand, laborer, sprinkler fitter and water manager at various locations from 1948 until 2009, claims mesothelioma. Lorbecke will be represented by Nate Mudd of French and Mudd inSt. Louis. Madison County Circuit Court case number: 09-L-951.

--Hager and Wilda Lowe ofFlorida claim Hager Lowe developed mesothelioma after his work as an electrician, laborer and supervisor at various locations from 1942 until 1989. The Lowes will be represented by Shane F. Hampton and Paul M. Dix of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton.

--Michael McClure ofMissouri claims his recently deceased sister, Brenda McClure, developed lung cancer after her work as a teacher's aide from 1973 until 1975. Brenda McClure was also exposed to asbestos fibers through her family member, Mary McClure, who worked as an inspector, paint mixer and can packer at various locations from 1959 until 1979, according to the complaint. Michael McClure 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-964.

--Mary A. McQuiston ofFlorida, a sheet metal worker for Sun Shipyard from 1942 until 1945, an administrative worker for General Electric during the late 1940s and a wallpaper hanger and painter from 1963 until 1978, claims mesothelioma. McQuiston was also secondarily exposed to asbestos fibers through her husband, who worked as a painter and wallpaper hanger from 1946 until 1978 and as a carpenter from 1975 until 1978, according to the complaint. McQuiston 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-971.

--Courtney M. Oakley Sr. claims the recently deceased Shirley Wellmaker developed lung cancer after her work as a social worker, nurse associate and laborer at various locations from 1966 until 1979. Shirley Wellmaker was also exposed to asbestos fibers through her family member, Willie J. Wellmaker, who worked as a laborer and mold finisher at various locations from 1964 until 1979, according to the complaint. Oakley 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-965.

--Barbara Ann Padilla ofNew Mexico, a customer service representative at various locations from 1974 until 1979, claims mesothelioma. Padilla was also exposed to asbestos fibers through her family member, David Padilla, who worked as a knife grinder, maintenance man and home remodeler from 1966 until 1979. Barbara Ann Padilla 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-958.

--Joann R. Seaver ofMinnesota, a computer operator from 1965 until 1978, claims mesothelioma. Seaver 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-956.

--Delphine Simms ofMissouri claims her recently deceased husband, Barney Simms Jr., developed lung cancer after his work as a maintenance worker and assembly line worker at various locations throughoutIllinois andMissouri from 1961 until 1989. Delphine Simms will be represented by Nicholas J. Angelides of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-950.

--Marvin E. and Mary Ann Sydnor ofTennessee claim Marvin E. Sydnor developed mesothelioma after his work as a furniture builder for Gaines Manufacturing Co. from 1962 until 1965, as a DC operator at Consolidate Aluminum Corp. from 1965 until 1971 and as a carpenter from 1971 until 1984. The Sydnors 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-970.

--Eugene and Myrtle Weible of Nebraska claim Eugene Weible developed mesothelioma after his work as a member of the U.S. Army and as a forklift driver at Carpenter Paper Company. Eugene Weible also flocked Christmas trees in 1956, according to the complaint. The Weibles 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-961.

http://www.madisonrecord.com/news/221218-27-new-asbestos-cases-filed-in-madison-county-sept.-8-11

 
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New York – Asbestos Exposure – Asbestos & Mesothelioma Lawsuits 

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

A total of 16 newasbestos 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 numerous refineries and 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.madisonrecord.com/news/221577-16-new-asbestos-cases-filed-in-madison-county-sept.-21-25


 
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New York – Asbestos Trades –Mesothelioma Lawsuit

 

October 21, 2009 12:43 PM Eastern Daylight Time  

 

Belluck & Fox Obtains $1.5 Million Mesothelioma VerdictAnd Punitive Damages Against Fisher Controls International

Instrument repairman RonaldDrabczyk repaired control valves manufactured by Fisher Controls International--a Division of Emerson Electric--that contained asbestos gaskets and packing.

MARSHALLTOWN,Iowa &ST. LOUIS--(BUSINESS WIRE)--The New York law firm ofBelluck & Fox has obtained a $1.5 million verdict and punitive damages of $750,000 against Fisher Controls International following the death of a worker at Hooker Chemical inBuffalo,New York, who was exposed to asbestos on the job.

“The jury's verdict confirms that this corporation acted in a negligent and reckless manner in selling its valves without ever warning of the dangers associated with the asbestos-containing products used in these valves”

 

The verdicts in Estate of RonaldDrabczyk, Index No. I 2005/1583, were rendered on October 19 and 20 in Erie County Court inBuffalo,New York.Judge John Lane presided.

Fisher Controls, based inMarshalltown,Iowa, is a subsidiary of Emerson Electric Co., based inSt. Louis,MO. Emerson is a publicly-traded company on the New York Stock Exchange under the symbol EMR.

Belluck & Fox represented the family of RonaldDrabczyk, a factory worker at a chemical plant inNiagara Falls,NY.Drabczykdied frommesothelioma, a form of cancer caused by exposure to asbestos.Drabczyk repaired valves manufactured by Fisher Controls which contained asbestos gaskets and packing. The valves were sold by Fisher to the Hooker plant whereDrabczyk overhauled them from 1970-1988. The evidence at trial demonstrated that Fisher was aware of the dangers of asbestos as early as 1946 but failed to place any warning on its products.

In addition to awardingDrabczyk’s estate $1.5 million in damages, the jury found that Fisher Controls acted negligently in failing to warn of the dangers associated with the valves. It found that Fisher Controls was responsible for five percent of the fault associated with his exposure and that the exposure to the valves was a substantial contributing factor in causingDrabczyk'smesothelioma. Further, the jury found that Fisher Controls acted with reckless disregard for the safety ofDrabczyk. UnderNew York law, this finding of reckless disregard renders Fisher Controls responsible for the entire verdict, minus a set-off for prior settlements.

This is the first instance that Fisher Controls has been found liable for using asbestos in its products.

The jury also awarded $750,000 in punitive damages, finding that Fisher Controls acted with wanton and reckless manners towardDrabczyk and others. This is the first punitive damage award in an asbestos case inNew YorkState in more than 20 years.

The case was tried byBelluck & Fox partner Jordan Fox and Michael P. Joyce of the Law Office of Michael P. Joyce inBoston,MA. The law firm ofLipsitz, Green,Scime Cambria, based inBuffalo,New York, served as co-counsel in the case. The trial lasted six weeks.

"The jury's verdict confirms that this corporation acted in a negligent and reckless manner in selling its valves without ever warning of the dangers associated with the asbestos-containing products used in these valves," Fox said. "The punitive damage verdict underscores that corporations have a duty to workers to protect them from hazards known or knowable regarding their products. The jury held Fisher Controls accountable for the fatal consequences of its actions. Although we cannot bring Mr.Drabczyk back, we hope that this verdict will send a message that these actions will not be tolerated."

AboutBelluck & Fox

Belluck & Fox, LLP is a nationally recognized law firm that represents individuals with asbestos andmesothelioma claims, as well as other serious injuries. The firm has obtained verdicts and settlements of nearly $225 million on behalf of its clients. Partner Jordan Fox has been named to the Best Lawyers inAmerica and to Super Lawyers and on two separate occasions his verdicts were featured as the National Law Journal's Largest Verdict of the Year. Partner Joseph W.Belluck is a Super Lawyer who has prosecuted numerous cases involving injuries from asbestos, defective medical products, tobacco and lead paint, including a recent asbestos case that settled for over $12 million.

Belluck & Fox sponsors www.mesotheliomahelp.net, one of the Web's leading sources of information aboutmesothelioma. The website features in-depth information on the diagnosis and treatment of pleuralmesothelioma and peritonealmesothelioma. MesotheliomaHelp.net also features patient profiles, biographic and contact information formesothelioma specialists throughout the country and a daily blog with the latest research onmesothelioma treatments.

http://www.businesswire.com/portal/site/home/permalink/?ndmViewId=news_view&newsId=20091021006075&newsLang=en
 
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New York – 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 new asbestos 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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New York – 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 into bankruptcy 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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New York – Asbestos Trades –Mesothelioma Lawsuit

New York Mesothelioma Lawsuit Proceeds to Trial on Behalf ofJackson,New Jersey Mesothelioma Victim

New York,NY (PRWEB) June 22, 2007 -- The New Yorkmesothelioma lawsuit involving Joel Rosenberg is proceeding to trial with a pre-trial conference scheduled before Justice Marcy S. Friedman, Supreme Court,New YorkCounty, in downtownManhattan on June 26, 2007. Mr. Rosenberg is one of many victims who have filedmesothelioma lawsuits inNew York City - the place where a significant portion of their asbestos exposure occurred. The case is captioned Joel and Sharon Rosenberg v. Alpha Wire company, et. al, Index No. 106697/06.

"New Jerseymesothelioma victims who have filedmesothelioma lawsuits inNew York City - the place where a significant portion of their asbestos exposure occurred. The case is captioned Joel and Sharon Rosenberg v. Alpha Wire company, et. al, Index No. 106697/06.

Mr. Rosenberg died at the age of 64 while living inJackson,New Jersey. He was a life-long electrician with the International Brotherhood of Electrical Workers ("IBEW"), Local 3 (local3.com), starting in the trade while still a teenager. Mr. Rosenberg's asbestos exposure occurred while working in the electrician trade in work sites inNew York City, including the Arthur Kill Powerhouse in Staten Island, theWorldTradeCenter,KennedyAirport andRockefellerCenter. Electricians, such as Mr. Rosenberg, sustained asbestos exposure from a variety of sources including the cutting and splicing of wire and cable that was insulated with asbestos.

Mr. Rosenberg grew up in Flushing,Queens, in a residential community built for families of Local 3 Union electricians. Mr. Rosenberg's father, who was also an electrician and a member of Local 3, died frommesothelioma in 1981. Mesothelioma is a rare asbestos cancer, which occurs primarily in the lining of the pleura (surrounding the lungs) and the peritoneum (surrounding the abdominal cavity). There are only approximately 3,000 cases ofmesothelioma diagnosed annually; in comparison approximately 160,000 case of lung cancer are diagnosed each year.

Mr. Rosenberg was diagnosed inNew Jersey with pleuralmesothelioma in April of 2006. He receivedmesothelioma treatments including specialized chemotherapy before succumbing to the disease in May of 2007. Prior to his death, Mr. Rosenberg gave sworn testimony, by videotape, which will be shown to the jury at trial. TheRosenbergmesothelioma lawsuit is being continued by Mr. Rosenberg's widow, Sharon Rosenberg, who is also a plaintiff in the case. The companies expected to stand trial in theRosenbergNew Yorkmesothelioma lawsuit include manufacturers of products causing asbestos exposure, contractors who used asbestos materials at work sites, and at least one premises owner who specified the use of asbestos materials.

The case is pending in theNew York City Asbestos Litigation, nycal.net, which affords victims ofmesothelioma inNew York,New Jersey and other states the right to have theirmesothelioma lawsuit handled in an expedited fashion. The trial judge, Justice Marcy S. Friedman, presided over a similarNew Yorkmesothelioma lawsuit in 2002 involving an apprentice electrician who developedmesothelioma after working in thetrade for only several years. The jury in that priorNew Yorkmesothelioma lawsuit awarded the plaintiff, John Matteson, $19.5 Million in damages.

TheNew York and New Jersey Mesothelioma Attorneys from Levy, Phillips &Konigsberg, LLP ("LPK"), www.lpklaw.com, represent theRosenberg family; LPK also represented the Matteson family in the 2002mesothelioma lawsuit. Attorneys at LPK have represented victims ofmesothelioma in lawsuits for more than 25 years. LPK provides funding for amesothelioma website dedicated to providing information to residents ofNew York andNew Jersey aboutmesothelioma, as well as people exposed to asbestos inNew York andNew Jersey, visit www.nynjmesothelioma.com.

###

This press release has been reprinted from PRWEB per the terms and conditions of the copyright notice.

 

http://www.sightseeing-america.com/a185285-new-york-mesothelioma-lawsuit-proceeds-to.cfm

 
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New York – Asbestos Exposure - Mesothelioma Deaths

 

Mesothelioma Deaths Ruled ‘Negligent Homicide’

 

Posted on Monday, May 03, 2010.


The shipbuilding industry is the single most hazardous work environment in terms of asbestos exposure.  Now some Italian executives are being forced to own up to that fact and face jail time.  An Italian court has convicted three ex-executives of the Fincantieri shipbuilding company inPalermo of ‘negligent homicide’ in themesothelioma deaths of 37 former employees.   The court ruled the defendants failed to protect or even warn the workers about the inherent risks of asbestos exposure – even though the danger had been known for years.

 

Shipyards are where large ocean-going vessels, such as cargo ships, oil tankers, military vessels or submarines are built or repaired.  Before the health risks of asbestos were known, such as causing mesothelioma, the mineral was prized in the shipbuilding industry for its strength, durability, anti-corrosive properties and heat resistance – qualities which made it an ideal insulator.  Until the 1980’s, asbestos was frequently used in ships to cover pipes, insulate walls, floors, ceilings, and boiler rooms, and in gaskets, gasket coverings, turbines and pumps.

 

Every year, about 10,000 people worldwide, many of them shipping industry workers, contract mesothelioma because of asbestos exposure.  Shipyard workers whose job it was to repair ships, sailors who worked on those ships, and even longshoremen who loaded and unloaded ships were routinely exposed to asbestos, with sometimes deadly consequences. A 1980 study conducted atNew York’s Mt. Sinai School of Medicine found that, among shipyard workers with 20 years or more of experience, 86 percent showed signs of asbestos-related cancer or other disease.  Many of the study subjects had been exposed to asbestos during World War II, when asbestos use was at its peak and the fast pace of ship repair and maintenance had many shipyards covered in the toxic dust.

 

Workers who are exposed to asbestos over an extended period of time are at highest risk for developing mesothelioma, which may not cause symptoms for 20 to 50 years.  Asbestos is no longer used in the construction of new ships, but is still present in older ships, putting those who repair or restore them at continued risk.  For this reason, the Occupational Safety and Health Administration (OSHA) now strictly regulates asbestos exposure in shipyards.  

 

But despite such regulations around the world since the 1980’s, many workers, including those who worked at the Fincantieri shipyard, are still being exposed illegally. The Fincantieri company was found to have continued to use asbestos in its shipbuilding operations until 1999, three years after asbestos had been outlawed inItaly.  The convicted Fincantieri executives received sentences ranging from three to seven-and-a-half years in jail and will have to pay millions of Euros in damages to the families of the dead workers and to another 26 workers who are still living with mesothelioma.

 

Sources:

 

Ex-Fincantieri Directors Jailed After Asbestos Trial, April 26, 2010, LifeIn Italy.com

Nicholson, William, et al. “Lung Cancer Prevalence Among Shipyard Workers”, January 11, 1980. American Journal of Industrial Medicine, Volume 1, Issue 2. Pp. 191-203.

OSHA Regulations 29-CFR, 1915-1001

 

http://www.survivingmesothelioma.com/news/view.asp?ID=00432

 
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New York – Second-Hand Exposure - Mesothelioma Lawsuit

Court Revives 'Second-Hand' Asbestos Case

 

Dec 3, 2004 |New York Law Journal

 

The Port Authority ofNew York andNew Jersey may be liable for injuries resulting from "second-hand" exposure toasbestos at its work sites, the Appellate Division, First Department, ruled yesterday.

Reversing Justice Helen E. Freedman's grant of summary judgment in favor of the Port Authority, the appellate court concluded that the Manhattan Supreme Court "erred in holding that the Port Authority owed no duty to the wife as a matter of law on the ground that an employer's duty to provide employees with a safe workplace did not extend to non-employees exposed to asbestos off premises."

Elizabeth Holdampf, a 59-year-old housewife fromQueens, initiated an action against the Port Authority and more than 20 other defendants after being diagnosed in 2001 withmesothelioma, a usually fatal form of cancer associated with exposure to asbestos dust. All of the defendants except for the Port Authority � mostly manufacturers of asbestos or products that require asbestos � have settled or been dismissed from the case.

Ms. Holdampf's husband, John, worked as a mechanic at the Port Authority from 1960 until 1996 and was exposed to asbestos at at least eight of its sites, including theWorldTradeCenter, theHolland andLincoln tunnels and all three majorNew York-area airports.

Mr. Holdampf, who does not have cancer, wore his work clothes home each evening, Mrs. Holdampf alleges, and her repeated exposure while laundering his contaminated clothing for 30 years caused her cancer.

Ms. Holdampf claimed that the Port Authority was negligent for "failing to warn its employees and 'other persons who were reasonably and foreseeably known to come into contact with the asbestos-containing products' against the dangers associated with exposure to asbestos," Justice Luis A. Gonzalez wrote in Holdampf v. A.C.S. Inc., 3478.

The decision will be published Thursday.

In its motion for summary judgment, the Port Authority contended that liability did not attach because Ms. Holdampf's exposure was not connected to her personally being employed at any Port Authority site. Neither common law nor statutory duty extends to non-employees, the defense argued, citing Widera v. Ettco Wire and Cable Corp., 204 AD 2d 306.

In a one-sentence short order form, the Supreme Court granted the Port Authority's motion, "based on [the] Widera case and absence of duty to plaintiffs."

In a 21-page ruling overturning that decision, the appeals panel relied on the principles of foreseeability that descend from the seminal case Palsgraf v. Long Island Rail Road Co., 248 NY 339.

In deciding on duty of care, Justice Gonzalez said, a court should look at such factors as the relationship of the parties, whether the accident was foreseeable and, citing Palsgraf, "whether the plaintiff was within the zone of foreseeable harm."

The Port Authority ignored this line of precedent, Justice Gonzalez wrote, and based its application for summary relief "almost exclusively on the Widera rationale that an employer owes no duty of care to non-employees outside the workplace."

That was misguided, the panel found, since Widera was distinguishable. That case, filed on behalf of an infant plaintiff who had been exposed to chemicals as a result of a pregnant mother's washing of work clothes, "involved the unique question of a tortfeasor's liability to an infant for injuries occurring while in utero."

The court also declined to "subscribe to such a narrow view of common-law negligence" as Widera's, one that precludes liability from extending "to any non-employees for injuries resulting from dangerous substances escaping from its premises."

Attorneys for the Port Authority could not be reached for comment.

 

New York Law Journal
 
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New York – $2.25 Mesothelioma Verdict 

 

$2.25 million awarded in asbestos death

Jury finds reckless disregard for safety by Fisher Controls in case of Falls man

By Matt Gryta

NEWS STAFF REPORTER

Updated: October 22, 2009, 7:17 am
Published: October 22, 2009, 12:30 am

 

ABuffalojury has ordered a St. Louis-based supplier of industrial control valves and control systems to pay the estate of a Niagara Falls man $2.25 million for the former Hooker Chemical repairman’s death from cancer, court officials confirmed Wednesday.

Following a six-week trial, the jury held Fisher Controls financially liable for the asbestos-caused mesothelioma that killed Ronald Drabczyk. He died at 70 on Nov. 29, 2005, nine years after his retirement from the Niagara Falls plant.

Drabczyk, from 1970 through 1988, regularly repaired valves manufactured by Fisher Controls that contained asbestos gaskets and packing, trial attorneys said.

The jury found Fisher Controls had acted with reckless disregard for Drabczyk’s workplace safety, making it 100 percent financially responsible for his painful death under New York law, court officials said.

Court officials said the verdict, which includes a $750,000 punitive damages award, marks both the first time Fisher Controls has been found liable for using asbestos in its products and the first punitive damages award in aNew York State asbestos case in more than 20 years.

Trial attorneys Jordan Fox of the New York firm of Belluck & Fox, Michael P. Joyce of Boston, Mass., and Cherie L. Peterson of the Buffalo firm of Lipsitz, Green, Scime and Cambria said they anticipate an appeal by Fisher Controls in an effort to cut down the jury total.

During the jury trial before State Supreme Court Justice John P. Lane, attorneys for Drabczyk established that officials of Fisher Controls, a subsidiary of Emerson Electric Co., were aware of the dangers of asbestos in the workplace as early as 1946 but failed to place any warnings on their products.

“The jury’s verdict confirms that this corporation acted in a negligent and reckless manner in selling its valves without ever warning of the dangers associated with the asbestos-containing products used in these valves,” Fox said.

“Although we cannot bring Mr. Drabczyk back, we hope this verdict will send a message that these actions will not be tolerated,” added Fox, whoseNew York City-based firm is a major litigator of asbestos and mesothelioma cases across the nation.

mgryta@buffnews.com

http://www.buffalonews.com/2009/10/22/835561/225-million-awarded-in-asbestos.html

 
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New York - 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 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 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 numerous refineries and 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 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 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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New York - 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 numerous refineries and 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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Removal of boiler filled air with carbon monoxide, raised concerns about asbestos

By Scott Rapp / The Post-Standard

September 30, 2009, 6:15PM

 Auburn,NY — The state is investigating the what may be the improper removal of an asbestos-laden boiler from aMarket Street building, evacuated Monday after workers dismantling the equipment filled the air with dangerous levels of carbon monoxide, officials said.

Firefighters were called around 10:45 a.m. after detectors warned occupants of the apartment and commercial building that there were high levels of potentially lethal carbon monoxide in the building, Fire Chief Michael Hammon said.

Investigators from the state Department of Environmental Conservation and Labor Department’s bureau of asbestos control also responded after firefighters found a large amount of asbestos in the basement and on nearby scrap metal, Hammon said.

Prolonged exposure to asbestos can cause cancer and lung disease, and there are federal and state laws regulating the removal and disposal of large amounts of the insulation material.

The workers, who were unnamed, were using a gasoline-fired demolition saw to cut the boiler into smaller pieces, and gasoline fumes from the saw filled the three-story building with more than triple the safe levels for carbon monoxide in work areas, Hammon said.

No one was hurt but the situation “was dangerous,” Hammon said.

Kerstetter LLC, owns the building at55 Market St., according to city property records. George Kerstetter, of Kerstetter LLC, was unavailable for comment.

The case was turned over to the Labor Department’s bureau of asbestos control after DEC investigators found no environmental violations, agency spokeswoman Stephanie Harrington said. Labor Department spokesman George Morrissey did not return a telephone message in time for this story.

In 2008, formerCayugaCounty employee John Chick, ofAuburn, was sentenced to 15 months in prison for his role in removing and disposing an asbestos-laden boiler from the basement of thecountyElections Board two years earlier.

Residents from the apartments in theMarket Street building and two workers in a street-level insurance office were told by firefighters to immediately leave the building. They were allowed to return a couple hours later, Hammon said.

Eileen Wunder, who manages the Metropolitan insurance office, said firefighters did a good job and that she’s not worried about having been possibly exposed to the carbon monoxide.

“They made us aware it was a dangerous problem and then they cleared us out,” Wunder said.

http://www.syracuse.com/news/index.ssf/2009/09/removal_of_boiler_filled_air_w.html

 
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Elmira Armory Demolition to Start Next Week

12-24.2009

Salvage anddemolition work on the Armory building and the drill hall behind it will begin next week, starting with additionalasbestos removal,Elmira officials said Thursday.

The city awarded the demolition contract to EPIC contracting for just over $1 million. Asbestos abatement will begin January 19, with demolition is scheduled for mid-to-late February. The contractor will salvage architectural stones, bricks, and the flagpole, which will be stored for future projects. The armory closed in 2006 after part of the facade fell onto the street. The project should take about four months to complete.

The city plans to rent the American Legion's parking lot at316 Lake St. during the demolition for $150 a month. The council will vote on the agreement when it meets at 7 p.m. Tuesday on the second floor of City Hall,317 E. Church St.

The change in strategy does not affect the cost to the city, Burin said.

The contractor will be able to salvage a good deal of material, such as framing lumber, Tonello said. Otherwise, the project would have been much more costly, he said.

The city will retain certain architectural elements from the Armory to be reused elsewhere, officials said. The flagpole, for instance, will be moved to the city's newRegionalPublicSafetyTrainingCenter at309 W. Center St.

Read more: http://www.ordoh.com/?p=2094#ixzz0hhrLJIpN
Via: OrdOh News

http://www.foxbororeporter.com/articles/2009/12/24/features/6578182.txt

 
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