Though an asbestos supplier tried to get the California Supreme Court to reverse a jury decision, the court ultimately refused to make this change.
Previously, a lower appeals court decided that asbestos supplier Special Electric Co. owed $900,000 for failing to provide sufficient warning about the dangers of asbestos.
This asbestos cancer lawsuit was filed against Special Electric after a laborer for a pipe company allegedly developed mesothelioma, which is an asbestos cancer.
Special Electric tried to have this decision thrown out, but the court affirmed the decision, ruling that an asbestos supplier has a duty to give adequate warning about the dangers of asbestos materials.
According to the asbestos cancer lawsuit, Plaintiff William W. was diagnosed with a fatal asbestos lung cancer which was allegedly caused by inhaling asbestos fibers used in pipes connected with Special Electric’s sales.
Special Electric sold raw asbestos to Johns-Manville Corp., which used the asbestos in its Transite piping. This piping was sold to Pyramid Pipe & Supply, William’s employer.
Though Special Electric was not in direct contact with the asbestos-containing materials, the court did not find that Special Electric offered reasonable evidence that they had relied on Johns-Manville to give warning about the risks and dangers linked with asbestos.
“We recognize that direct proof of actual reliance may be difficult to obtain when, as in the case of latent disease, the material was supplied to an intermediary long ago,” the court said. “However, actual reliance is an inference the fact-finder should be able to draw from circumstantial evidence about the parties’ dealings. The trial record here is devoid of evidence supporting such an inference.”
The jury came to their decision in February 2011, deciding that while Special Electric’s product was not defective in containing asbestos, the company failed to warn William of the risks of asbestos complications like asbestos lung cancer.
The jury awarded the plaintiff $5 million in damages. Special Electric was deemed responsible for providing 18 percent of this reward.
Asbestos Cancer Risk
Exposure to asbestos creates a serious risk of developing asbestos cancer or asbestos lung disease. This most often occurs on worksites where machinery or supplies are made with asbestos-containing materials.
As materials are sawed and cut, dust and fibers of asbestos become airborne and can enter into a worker’s lungs. The more extreme the exposure, the higher the risk of asbestos lung disease.
However, any amount of asbestos exposure increases a person’s risk of being diagnosed with asbestos cancer.
Asbestos cancer is usually latent. It can remain undetected for several to dozens of years. Because it takes so long for symptoms to be detected, asbestos cancer is often only diagnosed once the disease has reached its later and more dangerous stages.
Asbestos Cancer Lawsuits
While filing an asbestos cancer lawsuit cannot take away the disease, it can help to compensate for financial expenses caused by medical bills and lost wages.
If you or someone you love has been diagnosed with asbestos lung cancer or mesothelioma after asbestos exposure, you may be able to file a lawsuit.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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