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.)
During the time decedent performed the various jobs described, and while working on his own personal automobiles, decedent worked on and/or worked around others working on disc brakes, drum brakes, and manual transmissions. Plaintiffs alleged that decedent and his co-workers routinely replaced, maintained, and performed brake repairs and clutch repairs. Specifically, decedent testified to working on the brake assemblies on automobiles, big rig trucks, delivery trucks, and school buses, which included preparing the wheel wells to replace worn and used brakes and sanding, grinding, and arcing brake shoes for a proper fit to the brake drums. Plaintiffs also alleged that decedent blew dust out of the brake drum, as well as cleaning the brakes using his hands and brushes and/or blowing out the dust in the brakes. Decedent additionally testified to preparing clutches for installation and cleaning out the clutch assemblies with either his hands or an air hose in preparation for replacement. Moreover, after such work was performed, decedent and his co-workers would sweep up. Upon information and belief, this work with asbestos-containing friction products caused decedent to be exposed to airborne asbestos fibers.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiffs alleged there were no warnings, written instructions, or recommendations regarding the hazards of asbestos on any of the friction products to which decedent claimed exposure in this case, informing him of the need for safety equipment to protect him from the dangers of asbestos exposure and/or inhalation associated with these products. Plaintiffs were informed and believed and alleged that decedent was exposed to the following defendants’ asbestos-containing friction products during his employment and personal work between approximately 1964 and the mid-1980s, including, but not limited to: BWM Tec Inc., sued individually and as successor-in-interest to BW Corporation (BW clutches); C LLC aka C Corporation, DC Corporation (M brakes); DT Trucks North America LLC, sued individually and as successor-in-interest to FL LLC and FL Corporation (FL trucks); FM Company (FM automobiles and MC brakes); HW International Inc., sued individually and as successor to AS Inc., successor to BD Corporation (BD brakes); NIS Corporation dba International TEC lka International HS (International HS; PC Inc., sued individually and as successor-in-interest to PMC and as successor-in-interest to KT Company (PB trucks and KW trucks); and PA Corporation, sued individually and as successor-in-interest to AB Corporation (AB brakes).
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.