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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.


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.


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.


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.


Courthouse Asbestos Removal could Cost additional $165K

Columbia County – Asbestos present in the remaining Columbia Courthouse basement could cost an extra $165000, a sum which is actually more than the whole amount planned by the county for asbestos abatement. The discovery of asbestos was unexpected and was not budgeted for.

The $8M courthouse project of the county has around $700000 in change orders’ allowances such as removal of asbestos, says David Robinson, the Commissioner of the Public Works Department.

The county’s budget was $144000 for removal of asbestos. The additional requirement of $165000 would make the total expense for the work to approximately $300000. Robinson says the estimate can be negotiated.

The asbestos finding has halted the ground renovation project at the courthouse. John Cutsumpas, the project manager with architectural company Lothrop Associates, said the project could be delayed by another 4 to 6 weeks by the extra asbestos removal. Cutsumpas said there was some “off the chart” quantity of asbestos material discovered that had not been originally planned on.

Robinson said that the Columbia County has been forwarded the estimate for the job from Alpine Environmental Services, their consultant, depending on the projection by Eugene Dilorenzo, the general contractor.

The discussions on Wednesday between supervisors followed talks a few weeks ago on a $56744 change order for changing the electric paneling in the courthouse. This resulted in overseers questioning who’d take the responsibility for the mistake in planning.

Benson questioned again on Wednesday whether the project planners would be liable. “They’re the specialists. They did something completely wrong,” he said.

Jeffrey Nayer, the Supervisor, said that the courthouse is a very old structure and therefore all the asbestos couldn’t have been accounted earlier. “

In the meantime, the board is considering the overhauling of heating system at the courthouse seriously, which would add approximately $400000 in addition to the project expense.

Thomas Garrick, a supervisor, said the effort was essential as the heating system was old and required to be eventually replaced. Garrick said it’d cost much more in case the county waited for doing it following the reoccupation of the courthouse.

“It appears to be wasting of the taxpayers’ money, but it is not,” Nayer said.

The overseers would like to hear a new heating system’s cost estimates before moving ahead. They are also planning to replace windows in the courthouse, though it could add additional significant cost and will need another bid.