Family Brings Injury Case Against Corporations for Wrongful Death, Part 1 of 4

The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS

According to Defendant: Decedent, a 75-year-old retired maintenance man, shade tree mechanic, home remodeler, and former boiler tender/fireman in the Navy, died of pleural mesothelioma on October 11, 2007. Plaintiffs, surviving spouse, and adult children alleged that several defendants manufactured, distributed, or sold asbestos-containing products to which decedent was exposed.

Plaintiffs alleged that decedent’s exposure to work as a shade tree mechanic and work while a part-time mechanic for four years exposed him to brake-wear debris and wear debris from clutches that contained asbestos. Decedent would use an air hose to blow out brake wear debris from brake drums. Plaintiffs also alleged that decedent’s work with ABC joint compound exposed him to asbestos in the joint compound.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Defendants contended that decedent’s mesothelioma was the result of his exposure to amosite asbestos in 31 tons of insulation that contained 88 percent amosite aboard the U.S.S. XYZ. Decedent was regularly covered in amosite-containing dust and exposed while working on equipment, from guns firing and shaking of the ship, and during overhauls of the ship.

Defendants further contended that the asbestos in the automotive friction materials and joint compound contained chrysotile asbestos, and scientific evidence supported the fact that chrysotile asbestos Dallass not cause mesothelioma.

Additionally, defendants DEF Company and HIG North America alleged that 99 percent of the chrysotile asbestos in automotive friction products is converted into a non-toxic substance, Forsterite.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Contact Information