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A brake arcing machine manufacturer can be held accountable for toxic asbestos exposure to a mechanic, even though its product did not actually contain asbestos. sparks1

These machines were used to grind asbestos-laden brake linings in auto mechanic shops throughout the country for decades.

Defendant in the California case of Rondon v. Hennessy Industries, Inc. argued that not only did its products not contain asbestos, but its machines were not designed to be used exclusively with products that contained asbestos. There was in fact ample evidence its machines were used on non-asbestos brake pads. It was based on this the trial court dismissed. But plaintiff appealed, and now the California Court of Appeal, First Appellate District, Division Four, has reversed, finding this “exclusive use” standard the defendant used should not have been used. The proper test was the “inevitable use” test, in which it is determined the machines would inevitably be used in a way that exposed workers to asbestos dust without adequate warning or protection.

According to court records, plaintiff developed mesothelioma after years of working as a mechanic and being exposed to asbestos dust while grinding brake linings. He alleged it was the brake arcing machines that actually released the dust into the air as he worked from 1965 to 1988. He alleged the manufacturer of these machines was liable under theories of both negligence and strict liability because, he argued, these machines had no other function than to grind these asbestos-filled brake linings.  Continue reading

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Asbestos is a deadly substance. When a person ingests or inhales the fibers that escape into the air or a source of drinking water, they can become lodged in a layer of tissue known as the mesothelium where they can cause malignant mesothelioma.  Once the American public became fully aware of the dangers of asbestos, there was a push for Congress to outlaw the deadly substance.  By the late 1970s, a bill had made its way through congress and the mining, manufacture, and importation of asbestos was banned in the U.S.

ussupremecourt2Those in the asbestos industry fought this tooth and nail.  Even though there was not much of a market for asbestos material in the U.S., they still wanted to manufacture asbestos products and export them for use in the developing nations that did not have environmental control agencies or a large concern for public health.  In other words, since these companies could no longer make millions of dollars killing American workers and their families, they would try to make money poisoning people oversees. Continue reading

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During much of the industrial revolution in the United States and Western Europe, companies mined asbestos and companies that processed asbestos into manufactured goods were well aware of the dangers their product was causing to tens of thousands of workers and their families each year.  There was no question about the dangers of asbestos by the early 20th century.

senateHowever, these companies not only knew that asbestos caused cancer, later named mesothelioma, but they also learned that it would take between 20 and 50 years for a person to develop symptoms of the disease and go to a doctor for a diagnosis.  Once a person is diagnosed with malignant pleural mesothelioma or any other type of mesothelioma, they normally have less than two years to live, even with the most aggressive treatment plan available.  Continue reading

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A recent article from Eco Watch looks at how those in the asbestos mining and manufacturing industry were well aware of the dangers their product posed to humans, but did whatever they could to hide that information from the general public. While we have known this for quite some time, and it has been the basis for many favorable verdicts in asbestos injury lawsuits, it is interesting to see when they knew and what steps they took to hide the dangers.

xrayanalysisThe first thing to keep in mind is that asbestos is not man-made. In fact, it is naturally occurring substance comprised of six silica elements, and humans have used it for thousands of years.  In earlier times, it was used primarily due to its natural ability to resist heat, fire, caustic chemicals, and electricity, but eventually it was primarily used as a binding agent in construction materials. Dry wall joint compound, for example, frequently contained deadly asbestos fibers. Continue reading

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Many people think that asbestos causes lung cancer, and that it is the same as mesothelioma.  While it is true that exposure to asbestos fibers could cause lung cancer, such as the kind experienced by long-term smokers, mesothelioma is much more commonly the result of asbestos exposure, and it is an entirely different form of cancer than lung cancer.

mWd8Wf2Mesothelioma is caused by asbestos fibers becoming trapped in a protective of layer of the tissues inside the human body know as the mesothelium, which is the what the cancer is named after.  While there is a layer of mesothelium in the lungs, and people often get mesothelioma in their lungs (malignant pleural mesothelioma), mesothelioma will often develop in the chest cavity (malignant pericardial mesothelioma) or in the abdomen (malignant peritoneal mesothelioma).  Continue reading

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Being in the military is a great sacrifice, and our brave service members throughout the history of our nation have undertaken this sacrifice, and they deserve our highest respect.  There are many ways in which a person in the military can be seriously injured or killed.

asbestosWhile there are the obvious risks associated with being in combat, there are also many soldiers and sailors injured in training accidents and injured on the job in the same manner in which civilian workers are routinely injured.  While there is nothing that can really be done to prevent each and every one of these injuries and even deaths from occurring, there is one type of serious illness that could have been prevented for at least much the last century.  Continue reading

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According to a recent news feature from Oregon Live, a local jury has just awarded $8.75 million to a man who is currently dying from malignant mesothelioma due to asbestos exposure that occurred around 40 years ago.

old-worn-out-boots-1013579-m-300x261The victim is a 65-year-old man who first became exposed to the deadly asbestos fibers when he worked on construction sites when he was in his 20s.  He was a carpenter and was regularly exposed to a product manufactured by the defendant.  The product was applied to drywall by other workers and was used as a joint compound.  Continue reading

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According to a recent news article from the Worcester Patch, the Massachusetts Department of Environmental Protection (MassDEP) has assessed a roughly $52,000 fine against a property owner in connection with alleged asbestos violations while he was renovating his three-decker apartment building in Worcester, Massachusetts.

rubble-1432323-mMassDEP officials said they were responding to complaints from an unknown source when they began their investigation into potential asbestos violations at the apartment building.  The complainant described seeing a pile of renovation waste outside of the home and believed that it contained asbestos fibers. Continue reading

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According to a recent news feature from the Eagle-Tribune, a local couple that operates an asbestos abatement business have been charged with fraud, are seeking to get the court dismiss those charges. They are currently being accused of committing fraud against employers who are members of a Massachusetts construction workers’ union, and the fraud is alleged to be in the amount of $2 million.

asbestosAsbestos abatement (removal) is a very expensive process and can be very profitable for those certified and licensed to perform the work, but there are also a lot of associated expenses. Pursuant to the law in Massachusetts, properly trained asbestos abatement technicians who are licensed or certified must do the work, and they must be provided with proper safety equipment, including respirators or ventilators. Continue reading

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In Quincy, the Wollaston Theater, or “The Wolly” as it is often called by locals, has been undergoing a process of asbestos abatement for quite a while, as it is no longer in operation as a movie house like it once was. Many were hoping that the town would purchase the historic one-screen movie house and restore it, so it could be enjoyed by generations to come.

vintage-hotel-1380443-mAccording to a recent news feature from the Patriot Leader, the town’s mayor actually considered using public funds to purchase the old movie theater, but sad the owner is asking way too much money, and he can’t justify using that much taxpayer money to save the historic building from demolition. Continue reading

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