A South Carolina jury has found the industrial chemical company Celanese liable for the death of a worker who was exposed to asbestos in the course of his job duties. The jury awarded the deceased worker’s family $14 million in damages.
Plaintiff Dennis S. was allegedly exposed to asbestos at one of the industrial chemical company’s locations, which resulted in him developing a fatal form of asbestos lung cancer. He filed the asbestos lawsuit a month after being diagnosed with mesothelioma in September 2013. Dennis died in December 2014.
After hearing evidence at the trial, which lasted for two weeks, the jury reached a unanimous decision to award Dennis’s family $12 million in compensatory damages, along with $2 million in punitive damages.
Dennis worked for Celanese Corp. from 1971 to 1980, and regularly handled gaskets composed of asbestos. Although the gaskets were manufactured by a company called John Crane, the jury found John Crane not liable for any damages because Dennis worked with so much asbestos-containing material.
In the course of the asbestos lawsuit Dennis’s lawyers argued that Celanese had the obligation to protect workers from the dangers of asbestos exposure, and that the company should have audited the safely program of any contractors or subcontractors.
Celanese contracted a company, Daniel Construction Co., to handle the safety policies on Celanese’s premises. Celanese lawyers argued that their client was not directly responsible forDennis’s injuries and tried to pass off the burden to Daniel Construction, but the jury ultimately rejected that argument and found that Celanese was negligent in operating the plant where Dennis contracted mesothelioma.
Overview of Asbestos Mesothelioma Concerns
Mesothelioma is a rare form of lung cancer specifically caused by asbestos exposure. Similar to asbestos lung cancer, mesothelioma has similar symptoms and prognosis. The main difference between the conditions is the part of the lungs that the diseases attack. While asbestos lung cancer attacks the lungs itself, mesothelioma attacks the mucous lining surrounding the lungs. Both conditions are directly caused by inhaling asbestos fibers, which tear and become embedded in the plaintiff’s lungs or stomach.
Asbestos fibers take a long time to inflict damage, in some cases up to 40 years. The long development period helps explain a relatively recent rise in asbestos injury claims. The majority of the asbestos exposure victims are war veterans or manufacturing laborers, who worked with asbestos years ago and are just now experiencing symptoms of asbestos lung cancer.
Dennis’s Asbestos Lawsuit is Case No. 2013CP4203915, in the Seventh Judicial Circuit of South Carolina.
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