A new asbestos lawsuit has been filed in a New Jersey federal court. Plaintiffs David C. and Constance C. allege that the former’s occupational exposure to asbestos products led to his eventual diagnosis with an asbestos-related cancer called mesothelioma.

His employer during his period of exposure, according to the complaint, was Team Industrial Services. David C. says he was employed as a technician and worked on piping systems and equipment. He alleges he was exposed to asbestos products in the form of insulation and packing materials, as well as gaskets.

The defendant in this case, E.I. Dupont De Nemours and Company, was a major producer, supplier, and distributor of asbestos products such as roofing paper, pipe covering, block insulation, brakes, clutches, packing, and gaskets.

The full list of asbestos products produced and distributed by the defendant is lengthy. These products were allegedly supplied to the plaintiff’s employer and associated workplaces for years.

David C.’s Story

According to the complaint, David C. was exposed to asbestos products occupationally for a five-year period between 1981 and 1986.

He says he was never provided any warning about the dangers of any of the asbestos products and materials that he handled in accordance with his work on piping systems and equipment. He claims he was not at any point provided with safety equipment to use in conjunction with any of the materials.

Because the defendant purportedly had information at its disposal regarding the dangers of asbestos fiber exposure and failed to offer the plaintiff a choice to protect himself accordingly, David C. is holding the company liable for fraudulent concealment and wanton and reckless endangerment.

According to the legal documentation in this asbestos products lawsuit, it is beyond the control of the plaintiff to be able to determine the exact exposure that led to his mesothelioma. He was around asbestos products for years while doing his work. Because of this long period of asbestos product use, the defendant so named in the case “represents a substantial share of the relevant market of all producers, suppliers, and distributors.”

The plaintiff is bringing seven counts again the defendant in this asbestos products lawsuit: Count One—Negligence; Count Two—Strict Products Liability, Failure to Warn; Count Three—Strict Products Liability, Defective Design; Count Four—Breach of Express and Implied Warranty of Merchantability; Count Five—Punitive Damages; Count Six—Fraudulent Concealment; and Count Seven—Loss of Consortium.

The husband and wife, David C. and Constance C., are asking for judgment against the defendants and a damage award proportional to the harm caused. They ask for interest, court costs, and attorney’s fees to be added to the amount of these damages.

The Asbestos Products Lawsuit is Case No. 2:17-cv-10307-ES-SCM in the U.S. District Court for the District of New Jersey.