A new lawsuit filed by a married couple in U.S. District Court for the District of Idaho on Sept. 13, 2017 has underscored asbestos health hazards.
Plaintiffs Robert C. and Gail C., husband and wife, registered their complaint against the Certainteed Corporation which is incorporated in the state of Delaware but has as its principal place of business the state of Pennsylvania.
Robert C., according to the legal documentation, has experienced firsthand asbestos health hazards through his diagnosis of malignant peritoneal mesothelioma.
He was diagnosed in June 2014 and, at that time, it was suggested he would live only another eight months at best. Robert C. continues to live with this terminal disease, but he says he experiences daily pain and suffering as the disease progresses.
Peritoneal mesothelioma is just one of the many types of asbestos health hazards that have come to light in the last few decades. It is a deadly cancer attacking the lining of the abdomen. The lining of the abdomen protects its contents and gives off a lubricating fluid that allows for the internal organs to move and function optimally.
Robert’s Exposure to Asbestos Health Hazards
Robert says he had been exposed to asbestos health hazards as a young 24-year old on break from his college studies. According to the narrative of the lawsuit, he took a job working for a private contractor located in Chubbuck, Idaho over the summer of 1976. He worked full-time as a laborer and was assigned various duties by the union.
In this capacity, Robert was regularly expected to install asbestos cement water and sewer pipe of varying sizes in a new subdivision development known as Heights Subdivision. This work involved other co-workers who would cut, saw and abrade the asbestos cement pipe.
The plaintiff would then install it in an environment of airborne asbestos dust generated by the co-workers activities. He was forced to be around, inhale and otherwise absorb the fibers around him without warning.
According to the narrative of this lawsuit, Robert was not provided with any protective gear such as respiratory equipment or even a mask when working around the dust generated by the manipulation of the pipe. There were no warnings posted concerning any dangers, Robert says. He clearly remembers the pipe being stamped with the name “Certainteed.”
Robert C. and Gail C. are holding the Certainteed Corporation liable for the former’s exposure to asbestos health hazards and resultant peritoneal mesothelioma. They are bringing the following counts against the company: Count One –Negligence; Count Two –Strict Liability; and Count Three –Loss of Consortium.
The married couple are asking for a trial by jury and hope for a favorable judgment on their behalf. They hope this favorable judgment to include punitive damages to discourage the corporation from engaging in wanton disregard for the safety of others in business.
They also hope for compensatory damages that include monies for lost earnings in the past, present, and future, payment for all medical and hospital bills incurred to date and that will be incurred for future care, and reimbursement for all costs related to this litigation including court and attorney fees.
The Asbestos Health Hazards Lawsuit is Case No. 4:17-cv-00384-DCN in U.S. District Court for the District of Idaho, Eastern Division.
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