By Heba Elsherif  |  December 10, 2018

Category: Asbestos

Deceased Man's Family Files Occupational Lung Cancer LawsuitA deceased man’s loved ones have filed a new occupational lung cancer lawsuit in the First Judicial District Court of Sante Fe, State of New Mexico, against the Public Service Company of New Mexico and Borgwarner Inc. over allegations that the company is responsible for their father’s asbestos lung cancer and subsequent death.

Plaintiff Trinnie L., the surviving spouse, and Richard L., a surviving adult son, are filing the occupational lung cancer lawsuit, among others, on behalf of deceased Valerio L. The occupational lung cancer lawsuit, demanding a trial by jury, was filed on Nov. 15, 2018.

According to the occupational lung cancer lawsuit, Valerio was born in 1939. He worked various occupations throughout his life including working as an auto mechanic and drywall worker, the lawsuit states.

However, the lawsuit states that he became wrongfully exposed and absorbed asbestos fibers which ultimately led to his death through products that were manufactured or sold by Public Service Company.

The man’s loved ones claim that Public Service Company should have known or knew that their products contained asbestos fibers which are extremely poisonous and toxic to those that inhale the fibers or become exposed to them.

Valerio later passed on Dec. 8, 2016 from asbestos related lung cancer, allegedly due to his exposure to the carcinogenic substance.

The occupational lung cancer lawsuit was filed on multiple counts including negligence, strict product liability, premises liability, supplier defendant liability, and conspiracy.

Overview: Occupational Lung Cancer

Asbestos is a set of heat-resistant silicate minerals that naturally develop in the environment. They occur as natural bundles of fibers and can be woven into fabrics or used for insulating purposes such as in brake linings.

Asbestos products have been used as insulating material in products such as floor tiles, pipes, stream lines, building materials, clutches and brakes. However, asbestos exposure is known to cause serious adverse effects and complications, including lung cancer.

Additionally, in the event of asbestos exposure, signs and symptoms and diagnosis for an asbestos-related disease may take years or even decades before they start to show.

What is worse, for Americans who work in areas with high risk for asbestos exposure, they may also suffer from increased likelihood for developing lung cancer. Symptoms for asbestos related lung cancer can take anywhere between 15 and 35 years to develop.

There are many products that can create a risk of asbestos exposure. These products include in roofing shingles, paper products, asbestos cement products, and ceiling and floor tiles. Other products that contain asbestos may also include automobile brakes, clutch, and transmission parts.

However, certain occupations are at a much higher risk for developing asbestos lung disease than other occupations. Some of these occupations include:

  • U.S. Navy
  • U.S. Military
  • Shipyards workers
  • Auto mechanics
  • Paper mill workers
  • Construction workers
  • Textile workers
  • Insulation installers
  • Sheet metal workers
  • Roofers
  • Toll Collectors
  • Tilers
  • Linotype technicians
  • Plumbers

The Occupational Lung Cancer Lawsuit is Case No. 1:18-cv-01069, in the First Judicial District Court for the County of Santa Fe, State of New Mexico.

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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