Emily Sortor  |  October 23, 2018

Category: Labor & Employment

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Police Officer Wins $7 Million Mesothelioma AwardA police officer wins a $7 million mesothelioma award in an asbestos exposure case against Jenkins Bros. manufacturing. The police officer claimed that Jenkins Bros. knew asbestos exposure was dangerous and failed to warn him of the dangers of asbestos exposure.

Plaintiff James S. works as a police officer in Atlanta, Georgia, and said that he was diagnosed with incurable mesothelioma on Jan. 18, 2017. Mesothelioma is a type of lung cancer that affects the lining of the lungs.

In his mesothelioma lawsuit, he claimed that as a young man, he worked  in a previous career with NY Wire Mills factory and while there, was exposed to asbestos-containing valves made by for Jenkins Bros., and that his exposure to asbestos in that job caused his mesothelioma.

The Jenkins asbestos exposure lawsuit was brought to trial before Judge Deborah Chimes of the Supreme Court of the State of New York, County of Erie.

Asbestos is a naturally occurring mineral that for many years was used in manufacturing and building materials for its strength and heat resistance. By the middle 20th century, it was known that exposure to asbestos fibers can cause a range of cancers and health problems including mesothelioma, which James says he developed because of asbestos exposure on the job. Many workers like James may have been exposed to asbestos on the job, and may be suffering health consequences because of their exposure.

In their decision to grant James a mesothelioma award, the jury unanimously determined that Jenkins was 50 percent responsible for James’ development of mesothelioma. The jury determined that Jenkins had a duty to warn James of the risk of asbestos exposure and the risks associated with it, but failed to warn him. According to the jury, the company’s negligence was a cause of James’ mesothelioma.

The jury then awarded James and his wife, Lynn, almost an almost $7 million mesothelioma award to compensate the couple for physical injury, pain and suffering, loss of consortium, and loss of earnings.

According to James’ mesothelioma lawsuit, he worked at Jenkins Bros. starting in 1979 when he was 21 years old at the NY Wire Mills factory in Tonawanda, N.Y. According to his representation, James started as a laborer and was quickly promoted to supervisor, and worked at the company for a number of years.

Allegedly, in his work at the company, he was exposed to valves made by Jenkins Bros., and those valves contained asbestos. James says that during his routine maintenance and repair of the valves, which was a necessary part of his job, he would breathe in dangerous asbestos fibers that over time led to his development of mesothelioma.

Arguing for the jury to grant James a mesothelioma award, James’ lawyers said that Jenkins’ made business decisions that would increase their profits, but harmed the health of James, their employee. James’ representation said that Jenkins knew or should have known that asbestos was harmful, but continued to use the mineral in manufacturing. Allegedly, the company chose to do this and chose to not warn James of the danger of asbestos exposure beach they thought it was in their best business interest.

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 mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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