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Month: March 2013

News

Montgomery Couple Sues 15 Companies over Pulmonary Asbestosis

A man from Montgomery County who is allegedly suffering from asbestosis which he developed after working with various asbestos products has filed a lawsuit recently in the state court. William Filandino is 92 years old. The suit was filed by William Filandino and Edith, Filandino’s wife who is residing in Bridgeport, Pennsylvania, in Philadelphia Common Pleas Court on 21st March. 15 companies have been named as defendants in the case.

Philadelphia lawyer Edward Nass filed the lawsuit on behalf of the plaintiffs. The suit says William Filandino was diagnosed on 14th February, 2013 with a disease called pulmonary asbestosis. The diseases can cause pulmonary impairment as well as disability.

The plaintiffs allege that Mr. Filandino was exposed by the defendants to dangerous asbestos material during his career with Nicolet Industries. He had worked as a shipper, spray painter, utility man and dryer as part of his employment.

The suit says Filandino was also exposed to the cancer causing mineral while carrying out home renovation works and automobile maintenance works. He had also worked as a saw cutter, machinist and laborer during his career, the lawsuit states.

Filandino had served in the U.S. Marine Corporation between 1943 and 1945, the suit says.

“Investigation and discovery are continuing still regarding whether Filandino has been exposed to the carcinogenic substance in some other occupational or non-occupational settings,” the complaint says.

Each day, more than 1 million individuals in the United States go to a place of work where they are exposed to substantial amounts of toxic asbestos, the OSHA (Occupational Safety & Heal Administration) says. Asbestos is actually a strong fibrous material occurring in the nature. Due to its durability, resistance to corrosion, heat, fire and electricity, flexibility, low cost, and many other excellent properties, asbestos was extensively utilized in a number of industries as well as occupations for many decades. However, much before the popularity of asbestos was peaked, it became associated with several health issues. Over these years, numerous workers have developed terminal asbestos-linked illnesses such as mesothelioma, lung cancer, asbestosis, pleural plaques, colorectal and gastrointestinal cancers etc.

Asbestos Corp. Ltd; Bell Asbestos Mines Limited; Certain-Teed Corporation; DAP; Drever Group; Honeywell International; Foster Wheeler Corporation; IPA Systems; Keeler Boiler Company; Metro Life Insurance Company; Pep Boys; Weinstein Supply Company; and Union Carbide Corporation are the companies cited as defendants in the lawsuit.

News

Company says it wasn’t paid for Asbestos Abatement and Building Demolition

New Orleans, Louisiana – A demolition firm in the area claims that it was not paid for the works it conducted as part of a demolition project for a local high school. The works include general demolition, asbestos abatement, and removal of bricks containing asbestos and contaminated drain coverage service, according to the company.

Bayou General Contractors has filed a suit against M3A Architecture, Jacobs Project Management and the insurers of these companies. The lawsuit was filed on 30th November in the Civil District Court for the Parish of Orleans.

According to the demolition company, the defendant companies owe it an amount of US$153,692 and $5,068 for each service provided by it for the tearing down of Francis W Gregory Jr. High School.

Demolition of a building that contains asbestos is a time-consuming as well as expensive job. Before demolishing such a building, all the asbestos materials have to be removed first. Otherwise, there is a chance for asbestos to be disturbed or broken and its deadly fibers to become airborne. If asbestos fibers are released into the air, it could be breathed in easily. Inhalation of asbestos fibers can create severe respiratory disorder and several terminal diseases including lung cancer, malignant mesothelioma and asbestosis.

The defendant companies allegedly breached the contract by failing to give payment for the work done by Bayou General.

Breach of contract is a sort of civil wrong which occurs when a binding contract is not honored by a party or more parties involved in the agreement by non-performance or interfering with the performance of the other party. Failing to carry out any term of an agreement, oral or written, without a genuine legal excuse could be termed as a breach of contract. In the United States, breach of contract is perhaps the most common causes of court cases filed for damages. The punishment issued for breach of contract may differ depending on the rules in each jurisdiction, and also based on the type of agreement involved.

The demolition company is asking for compensation for the $158,761 it is owed and any other recovery to which it is entitled under law.

Law firm Pius Obioha and Associated attorney Michael Harris is representing the plaintiff in the case.

The case will be presided over by Lloyd J. Medley, the judge for the 41st Judicial Civil Court, ‘D’ Division, in Orleans Parish, LA.

News

Man Develops Lung Cancer because of Workplace Exposure to Asbestos, Lawsuit Says

One more suit has been appended to the long list of asbestos cases in the docket of St. Clair County.

Leonard Freed and Monica Freed has filed a lawsuit over asbestos exposure in the County Court. The plaintiffs don’t specify where they reside. Barry Julian and Randy Gori of Edwardsville-based Julian & Associates are representing the plaintiffs.

The complaint was filed on 20th February. It alleges that 69 defendant corporations caused Mr. Leonard developed terminal lung cancer as a result of his regular exposure to products containing asbestos all through his career.

According to the suit, Leonard worked: as the helper of an electrician and an apprentice for electrical company Dan House between 1965 and 1966, for FL Power & Light between 1967 and 1996; as a helper with Fort Myers factory between 1967 and 1968; with Homestead-based Turkey Point Factory between 1968 and 1971; as an instructor and apprentice mechanic for control specs; and as a senior technician between 1971 and 1992, the complaint says.

The defendant companies should’ve known regarding the hazardous impacts of asbestos exposure, but totally failed to give proper caution and care for the safety of the plaintiff and other workers, the lawsuit alleges.

Because of the asbestos-related diseases the plaintiff developed, he became disfigured and disabled, incurred medical expenses and suffered enormous mental anguish and physical pain, the suit says. Additionally, Leonard became prevented from going ahead with his usual course of service and, thus, lost huge amount of money which would have otherwise accrued to him, according to the suit.

The 7-count lawsuit is asking for exemplary damages of $150000 or more, compensatory damages of $100000 or more, unspecified punitive damages in order to punish the defendant companies for all their illegal activities, and a judgement of $100000 or more. The plaintiffs are also seeking costs and any other relief to which they could be entitled.

If you or a loved one has an asbestos-linked disease, you may seriously think about contacting an expert asbestos attorney at once. Such cases are very time sensitive. Therefore, only a knowledgeable and experienced attorney can help you determine whether to pursue a suit against the parties who are responsible for your asbestos exposure. Asbestos attorneys generally work on contingency basis, which means you have to pay fees only if the lawyer wins the case for you.

News

Dumped Asbestos Found Near Childcare Centers in Ultimo

The Sydney city is asking for assistance from the public for locating the person who dumped 2 tons or more asbestos material, in broad sunshine, outside of 2 childcare centers. On December 14, 2012 (Friday), at around 4 PM, a load of the cancer-causing mineral was illicitly dumped from a truck in Ultimo (Wattle Lane), close to a playground located in the McKee St Reserve and in between 2 local childcare centers.

Probes into the dumping incident by the Sydney City have discovered that the truck was a white colored Daihatsu Delta.

A passerby informed the city about the asbestos sheeting found on the street. 2 childcare centers – the Magic Pudding and the KU Wattle Ln Children’s Center – were located just 2 meters away from this street. The spot of dumping was nearly 2 blocks away from the waste management depot of the Sydney city. The city council has released the CCTV camera footage which showed a truck passing through the Wattle Ln.

“The videotape we’ve been able to get through our probes shows that a truck firstly driving down the lane, sussing the material out, and sort of scouting,” the city officials said.

“Then it’s done the chunk, driven down the very same street with a tray up, the rear tailgate open. It went over 2 speed bumps. Then it finally dumped that load at around 4 PM,” according to the city.

It’s really difficult to realize how anybody can do such things, says Gary Harding, the Director of the City Operations for Sydney.

The vehicle’s number plat was hidden with a cloth. However, Harding hopes that certain other features they noticed about the truck will help them find out and catch the culprit.

“There were some obvious scratches on that truck. A bar which was welded across its tray is not a standard feature on a truck like that. In addition, there have been some damages to the truck’s side,” Harding says.

Luckily, a spectator instantly reported that incident then. Toxic debris specialists reached on the site quickly and they cleaned up that area. Everything was cleared off within just 2 days. The council spent approximately $13000 for cleaning up the dangerous waste.

A spokesman for the council said the city hadn’t been able to identify the truck driver. However, he said, someone would hopefully recognize the truck using the footage.

If located and caught, the culprit can expect a fine of $1 million, in addition to imprisonment of up to 7 years.

News

3 Admit Guilty to Exposing Students to Asbestos

Joseph Cuellar, of Fresno; Rudolph Buendia, of Planada; Patrick Bowman, of Los Banos, have admitted guilty to breaching federal asbestos regulations. Cuellar, Buendia and Bowman are 73, 50 and 46 years old respectively.

According to their indictments, Cuellar was working as the administrative manager of a company called Firm Build. Bowman was the president of that firm and Buendia was the site supervisor of one of its construction projects when the firm operated a renovation and demolition project at former Castle Air Force Base located northeast of Atwater, California.

They had to transform Bldg. 325 into a training centre for Merced County Education Board. For carrying out that work, the trio hired local students from Merced Workplace Learning Academy, according to Benjamin Wagner, the United States Attorney for the Eastern District of California.

Court documents show that the students as well as the employees removed nearly 1000 linear ft. of piping insulation and tank insulation and disposed them of. All these 3 company executives were aware of the fact that they contained asbestos – a highly regulated substance in the United States.

For performing the task, the employees or the students were not given adequate protective equipment such as full-face masks, Tyvek suits, footwear coverings, caps, hair hoods and gloves. The employees and students were not asked to take any protective measures either – like wetting the materials containing asbestos, sealing asbestos waste in secure polythene bags etc. By failing to do such things, the 3 executives violated federal safety regulations, the court documents indicate.

Asbestos material became airborne at the time of illegal removal of the substance, according to federal prosecutors.

The careless handling of asbestos removal project exposed the employees of Firm Build, the students of Workplace Learning Academy, and other subcontractors on the site and their workers to toxic fibers of the material, according to the government.

Wagner said exposing young students to dangerous asbestos in order to reduce costs and save money is criminal. “It is much more than reckless – it’s criminal,” Wagner said.

He said the guilty pleas by the defendants is a clear warning that whoever choose to disregard environmental regulations for making profit will be sued and prosecuted. “They will face imprisonment,” Wagner said.

The trio will be sentenced on 3rd June by United States federal Judge Lawrence O’Neill. All the three face imprisonment of 2 years or more.

News

Asbestosis Victim Files Personal Injury Lawsuit

Charleston, West Virginia – A man from Matewan has filed a lawsuit against 55 defendant firms in a case connected to an asbestos-related lung injury. He says the firms are legally responsible for the injury he is suffering from.

On 17th March, Charles W Dawson received the diagnosis of asbestosis, a lawsuit filed on 12th February in Kanawha County Circuit Court says.

According to Dawson, the defendant firms negligently exposed him and other workers to asbestos, a deadly carcinogen, and to different products containing asbestos during his jobs at a variety of work sites all through the West Virginia between year 1960 and 2010.

According to Dawson, he has never smoked cigarettes in his life. Therefore, the only cause for his present condition should be asbestos exposure, the suit says.

The companies were totally negligent in exposing the workers to dangerous materials such as asbestos, Dawson says. The companies were fully aware of the harmful features of the material, but never warned Dawson or his co-workers regarding them, the suit states. The employers are supposed to provide sufficient warning to the workers before allowing them to deal with asbestos or products containing asbestos. Also they must provide the workers with adequate protective devices so that they won’t be exposed to the toxic fibers of asbestos. However, the defendant companies failed to do this as well, according to Dawson’s lawsuit.

Dawson says he was not aware of the risks associated with asbestos exposure while handling the substance regularly as part of his job. He was never warned about the risks either, the suit states.

The defendant firms are also accused of misrepresentation and conspiracy.

Asbestosis is a severe breathing disorder resulted by breathing in asbestos fibres. Continued accumulation of microscopic asbestos fibers in lungs could cause scarring of the lung tissue as well as trouble breathing. Symptoms of asbestosis could be mild or severe. The problem is that they generally do not appear till several decades after the asbestos exposure which makes the early diagnosis of the disease almost impossible.

Dawson is asking for a jury trial for resolving the issues he has cited. An attorney from James F. Humphreys and Associates will represent him in the case.

3M Co; Aleris International; A.W. Chesterton Co; Borg-Warner Corp; Brand Insulations; CBS Corp; Certainteed Corp; Cleaver Brooks Co; Copes-Vulcan; and Columbus McKinnon Corp are some of the defendant companies named in the lawsuit.

News

Plumber’s Widow Files Asbestos Lawsuit

Fonda, CA – A deceased plumber’s family has filed a lawsuit against a plumbing company, claiming that it is responsible for the asbestos-related death of that man. According to the suit, he died after developing mesothelioma which he contracted as a result of his continuous exposure to asbestos.

Josephine Jaworski, Joseph Jaworski’s widow, filed the lawsuit for the estate of her husband in Florida Supreme Court on 22nd February. A Mormile Plumbing and Heating, an Amsterdam-based company, is the defendant in the case. The company is being sued over negligence, loss of consortium, and wrongful death.

This is actually the 2nd suit she has filed against Mormile Plumbing. In June 2011, she had filed a similar lawsuit in Johnstown Supreme Court claiming negligence. In that case, she sued 100 other companies also along with Mormile Plumbing. Other defendant companies include Ford, CBS, General Electric, Sears and Goodyear. However, that case was dismissed even before reaching a trial, court records show.

Jaworski’s obituary shows he was 83 years when died on 17th July, 2011 – just around a month after the initial suit was filed. He was the owner of a vending firm and spent 3 decades as a firefighter in Amsterdam after beginning his plumbing industry career. According to the pension records of the state, he retired from the Department of Fire on 31st October, 1976.

Both the suits do not specify when Mr. Jaworski was appointed by Mormile Plumbing. According to the first suit, Jaworski was exposed for many years to dangerous asbestos material while working at different steel mills, shipyards, paper mills, industrial sites, chemical plants, refineries etc. He was also exposed to the toxic mineral due to general use of products containing asbestos, the suit stated.

The suits do not specify when Jaworski was diagnosed by his physicians with malignant mesothelioma, a cancer caused only by exposure to asbestos.

James Mormile, the plumbing company’s owner, said his firm hasn’t been served with the suit and therefore he could not comment on that. However, Mormile said the company where Jaworski worked no longer functions. Jaworski’s attorney also didn’t immediately comment on the case.

According to the suit, Mr. Joseph Jaworski was continuously exposed to dangerous asbestos dust and fibers while working for Mormile Plumbing. The company, despite being aware of all the risks associated with asbestos exposure, didn’t warn him or provide him with any sort of protection, according to the plaintiff.

The suit filed by Josephine Jaworski is seeking unspecified damages.

News

Ona Man Claims Asbestos Exposure on Work Sites Caused Lung Injury

Charleston, West Virginia – A man from Ona (Cabell County, West Virginia) has filed a lawsuit in connection with asbestos exposure against 55 defendant companies. The plaintiff says the companies are liable for the lung disease he developed.

Wayne Jr. Rider was diagnosed on 28th January, 2012 with a severe lung injury, a lawsuit filed on 28th February in Kanawha County Circuit Court claims.

According to Rider, he began smoking cigarettes when he was working in the United States Navy. He continued that habit until year 1978. The maximum cigarettes he smoked were a pack per day, the suit says. He stopped smoking in 1978, according to the lawsuit.

Rider says the defendant companies are sued based on the concepts of negligence, breach of implied warranty, contaminated buildings, conspiracy, intentional tort, strict liability, failure to warn and conspiracy.

The plaintiff argues that the defendants were negligent about the safety of workers including Rider. They failed to warn workers regarding the risks involved in working with and around substances containing asbestos. Rider did not know the hazards of asbestos exposure while handling the dangerous products of the defendants, the lawsuit says. He was never warned regarding the risks either, the plaintiff claims. He was never provided with any sort of protective equipment while handling dangerous asbestos material. According to the plaintiffs, the companies should have known very well regarding the dangers associated with exposure to asbestos material and inhalation of asbestos fibers, still they allowed workers to handle or work around the substance without taking any adequate safety measures. Rider says asbestos exposure is the cause of his present lung condition. Exposure to asbestos is linked to severe lung and respiratory problems and sometimes it can cause even more dangerous diseases such as mesothelioma (cancer of the lining of chest and abdomen) and lung cancer.

Some of the defendant companies are being sued in the case as the owners of premises while some others are sued as employers of Rider for intentional / deliberate tort, the lawsuit filed by Rider indicates.

Rider wants a grand jury trial for resolving the issues cited in the suit. James F Humphreys and Associates lawyer James McKowen is representing the plaintiff.

3M Co, ACF Industries, A.W. Chesterton Co, Aurora Pump Co, Borg-Warner Corp, Brand Insulations, Buffalo Pumps, CBS Corp, Certainteed Corp, and Cleaver-Brooks Co are the companies mentioned as defendants in Rider’s lawsuit.

News

Woman Develops Mesothelioma from Occupation Asbestos Exposure

A former plant worker claims that she developed a deadly cancer because of the dangerous conditions she had regularly worked in.

Sandra A Peterson, of South Shields, developed mesothelioma, an asbestos-linked cancer, as a result of her occupational exposure to the dangerous mineral. Peterson was diagnosed with the disease in 2012 April. She is 57 years old.

Peterson believes she had been exposed to hazardous dust while working at Plessy’s and Filtrona UK between 1970 and 1980. Peterson is now requesting her ex-colleagues to come ahead and help her find out how she got in touch with asbestos – a known carcinogen.

“It is heartbreaking to find that my disease could’ve been caused by the work at those factories when I was only a teenager,” Peterson said. “Then I was absolutely unaware of the hazards associated with asbestos exposure,” she said. Peterson, who has 3 grandchildren, is consulting with expert lawyers for investigating how she could have developed a disease that is developed only because of asbestos exposure.

Peterson worked with South Shields-based Filtrona UK between 1973 and 1975. Her job there was to make paper filters for cigarettes. Peterson believes the coating (slurry) used during the manufacturing process might contain dangerous asbestos fibers.

“That job was very dirty. My face, hands and overalls got covered regularly in black dust. The dust even got up in my hairs and my nose,” Peterson said. “I believe that dust contained the toxic asbestos fibers that sickened me,” she said.

Peterson thinks asbestos was widely used for insulating electrical elements at the Plessy’s, which is located at Eldon St, South Shields. She worked there from 1975 until 1976.

Before developing the disease, Peterson was a very lively person who used to enjoy Zumba Classes, swimming, bike riding and walking. But now she is struggling to walk. Now she is unable to do her usual jobs in her home without the help of her husband.

Roger Maddocks, an attorney helping Peterson in the case, said: “Asbestos is undoubtedly the largest occupational killer ever. Asbestos-linked diseases can take several decades for the victims like Mrs. Peterson to develop incapacitating conditions that really affect their life quality.”

“Mrs. Peterson and her whole family haven’t still come to terms with such tragic news that she is not going to recover from her terrible condition, caused by merely working at some factories almost 40 years ago,” Maddocks said.