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California Jury Awards $3 Million to Pipefitter in Asbestos Cancer Lawsuit

Posted by Michael Throneberry | May 23, 2019

A Southern California jury recently awarded a former pipefitter and his wife $3 million in an asbestos cancer lawsuit brought against a contractor whom the plaintiff claims frequently exposed him to asbestos during the course of his employment. The mesothelioma lawsuit claimed that D.W. Nicholson Corp. exposed the plaintiff to asbestos while performing an estimated 100 contracting jobs at the Masonite Corp. in Ukiah, California.

According to the mesothelioma cancer lawsuit, filed in Los Angeles Superior Court, D.W. Nicholson Corp. installed mechanical, electrical, and piping equipment at Masonite more than 100 times while the plaintiff worked at the site. The plaintiff alleged that D.W. Nicholson frequently exposed the victim to asbestos when the company failed to clean up asbestos-containing debris it left behind and provided no warning to Masonite workers about the risks of exposure.

As a result of years of asbestos exposure from 1964 to 1999, the plaintiff claimed he developed mesothelioma, a rare and deadly form of cancer which commonly affects the thin lining of tissue surrounding vital organs like the lungs, heart, and abdominal cavity. Asbestos exposure is directly linked to developing this rare type of cancer, often occurring through industrial exposure in the course of employment or sometimes secondhand when fibers are brought home on work clothing.

The jury found D.W. Nicholson was responsible for 20% of the damages to the victim, while Masonite was responsible for 70%. A third company, J.T. Thorpe and Son, was held responsible for 10% but settled the case with the victim prior to the verdict. D.W. Nicholson was the only named defendant remaining when the jury reached its verdict, meaning it will have to pay 20% of the damages awarded by the jury.

Even though asbestos was not regulated by the federal government until the mid-1970s, companies already knew for decades about the serious health risks posed by using asbestos in their products. Asbestos was a popular choice in a variety of industrial, construction, and military applications for its heat resistant properties and ability to be cast in a variety of shapes to fit the job.

Because asbestos companies knew the health risks and did not provide any warning to workers or consumers, the law generally gives these parties the right to file asbestos cancer lawsuits and recover compensation for any damages. Depending on the circumstances of the case, the law gives plaintiffs in civil lawsuits the right to recover for their hospital expenses, lost wages, future medical care, and the pain and suffering of living with an injury.

Arizona Mesothelioma Lawyer

 If you or a loved one was diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.

About the Author

Michael Throneberry

Attorney Michael Throneberry graduated from Purdue University with a Civil Engineering degree. He then served with the United States Army...

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