10/8/2008 1:00 PM
By Kelly Holleran
A man recently diagnosed with mesothelioma filed an asbestos suit against 13 defendant corporations, claiming the disease was wrongfully caused.
Bruno Dobler claims he was diagnosed with the disease Oct. 31, 2007, according to a lawsuit filed Sept. 29 in Madison County Circuit Court.
Dobler says he worked form 1959 until 2000 as an electrician, engineer and owner and manager of an electric motor repair business at various locations, according to the lawsuit.
Dobler states his exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
He claims his disease was caused after he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.
Dobler alleges the asbestos-related disease has disabled and disfigured him and has and will continue to compel him to expend and become liable for large sums of money for hospital, medical, and other health and services necessary for the treatment of the disease.
Dobler also has and will continue to experience great physical pain and mental anguish as a result of the disease, he claims in the lawsuit.
Mesothelioma hindered and prevented Dobler from pursuing his normal course of employment, according to the suit.
As a result, he lost large sums of money, he claims.
In the two-count lawsuit, Dobler seeks sums in excess of $50,000 and compensatory damages in excess of $50,000.
He also seeks punitive damages in an amount sufficient to punish the defendants for their misconduct and to deter similarly situated parties from committing like acts of misconduct in the future.
He is represented by Robert Phillips and Perry J. Browder of SimmonsCooper LLC in East Alton.
Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts
Wednesday, October 8, 2008
Monday, September 22, 2008
Do You Have A Case For A Lawsuit? Legal Right To Sue?
Mesothelioma is a cancer usually caused by exposure to asbestos either directly or indirectly. As it can take up to 50 years for the cancer to appear it can be very difficult to ascertain where, when and how the exposure occurred.
Mesothelioma is a cancer usually caused by exposure to asbestos either directly or indirectly. As it can take up to 50 years for the cancer to appear it can be very difficult to ascertain where, when and how the exposure occurred.
The exposure to asbestos can often be as a result of either working in an industrial environment where asbestos was used. Cases have been made and compensated where relatives have become infected after handling clothes of workers that have been contaminated with asbestos. The disease is caused by inhaling asbestos fibre which scar the lungs and continues to do so even after the exposure to the fibre has stopped.
Asbestos was used in many different industrial operations, but mainly as a fire resistant material used as insulation. Other known instances of where asbestos fibres were used are in the manufacturing and servicing of engine gaskets and break linings.
Mesothelioma Lawyers specialise in taking on the cases of people who have been diagnosed with this condition and putting together a structured case for compensation. This can be time consuming, difficult and takes a lot of research to obtain the full details to make a case. Employers are responsible for the safety of their workers. If it is proved that they have been exposed to asbestos through their job either past or present, the compensation awarded by the courts for Mesothelioma cancer can be substantial.
So do you need a Mesothelioma Lawyer?
A good Mesothelioma Lawyer will understand the complicated nature of any claim and be will able to advise you on the level of compensation you should seek based on the facts of your individual case. Mesothelioma litigation is a very complicated process as the symptoms usually take at least 10 years to show. A lot of investigation is required which can involve having to go back over 50 years to gain evidence of your exposure to asbestos.
Mesothelioma lawyers will know what benefits you are entitled to and how you can claim them, even if your relative has already died of mesothelioma. Once you are diagnosed with the condition you are entitled to industrial injury benefit.
As you can imagine instructing a Mesothelioma Attorney to act on your behalf is going to be very costly, as in some cases they will have to go over 50 years to find convincing evidence. Having said this, however, many lawyers will work on a no-win no-fee basis. They will initially discuss your case with you and decide on the circumstances of your claim. From this initial consultation they can usually decide if you have a good case and then work on a contingency fee basis. A contingency fee is the lawyers cut of any payment awarded to you. The asbestos industry can also pay you financial compensation if it is claimed. You may also be eligible for legal aid to get your case to trial. These are all things a competent mesothelioma lawyer will be able to advise you on.
If you or one of your loved ones is diagnosed with Mesothelioma cancer you will almost certainly have been exposed at some time in the past and probably over 10 years ago to asbestos fibres. You may not even have known you were being exposed to asbestos. In the unlikely case that you did, you may not have realised your employer had a legal obligation for your safety.
Cases of Mesothelioma Litigation can be very complicated and Mesothelioma Lawyers need to highly qualified and skilled in handling the whole litigation process. They will be continually updating their knowledge of Mesothelioma cancer and its causes along with the requirements to get a case to court.
If you have been affected by this disease your quality of life may have, or will in the future suffer by having being infected with Mesothelioma.
You need to consider all your options regarding litigation but you may well benefit considerably by making contact with a Mesothelioma lawyer and discussing your options.
Mesothelioma is a cancer usually caused by exposure to asbestos either directly or indirectly. As it can take up to 50 years for the cancer to appear it can be very difficult to ascertain where, when and how the exposure occurred.
The exposure to asbestos can often be as a result of either working in an industrial environment where asbestos was used. Cases have been made and compensated where relatives have become infected after handling clothes of workers that have been contaminated with asbestos. The disease is caused by inhaling asbestos fibre which scar the lungs and continues to do so even after the exposure to the fibre has stopped.
Asbestos was used in many different industrial operations, but mainly as a fire resistant material used as insulation. Other known instances of where asbestos fibres were used are in the manufacturing and servicing of engine gaskets and break linings.
Mesothelioma Lawyers specialise in taking on the cases of people who have been diagnosed with this condition and putting together a structured case for compensation. This can be time consuming, difficult and takes a lot of research to obtain the full details to make a case. Employers are responsible for the safety of their workers. If it is proved that they have been exposed to asbestos through their job either past or present, the compensation awarded by the courts for Mesothelioma cancer can be substantial.
So do you need a Mesothelioma Lawyer?
A good Mesothelioma Lawyer will understand the complicated nature of any claim and be will able to advise you on the level of compensation you should seek based on the facts of your individual case. Mesothelioma litigation is a very complicated process as the symptoms usually take at least 10 years to show. A lot of investigation is required which can involve having to go back over 50 years to gain evidence of your exposure to asbestos.
Mesothelioma lawyers will know what benefits you are entitled to and how you can claim them, even if your relative has already died of mesothelioma. Once you are diagnosed with the condition you are entitled to industrial injury benefit.
As you can imagine instructing a Mesothelioma Attorney to act on your behalf is going to be very costly, as in some cases they will have to go over 50 years to find convincing evidence. Having said this, however, many lawyers will work on a no-win no-fee basis. They will initially discuss your case with you and decide on the circumstances of your claim. From this initial consultation they can usually decide if you have a good case and then work on a contingency fee basis. A contingency fee is the lawyers cut of any payment awarded to you. The asbestos industry can also pay you financial compensation if it is claimed. You may also be eligible for legal aid to get your case to trial. These are all things a competent mesothelioma lawyer will be able to advise you on.
If you or one of your loved ones is diagnosed with Mesothelioma cancer you will almost certainly have been exposed at some time in the past and probably over 10 years ago to asbestos fibres. You may not even have known you were being exposed to asbestos. In the unlikely case that you did, you may not have realised your employer had a legal obligation for your safety.
Cases of Mesothelioma Litigation can be very complicated and Mesothelioma Lawyers need to highly qualified and skilled in handling the whole litigation process. They will be continually updating their knowledge of Mesothelioma cancer and its causes along with the requirements to get a case to court.
If you have been affected by this disease your quality of life may have, or will in the future suffer by having being infected with Mesothelioma.
You need to consider all your options regarding litigation but you may well benefit considerably by making contact with a Mesothelioma lawyer and discussing your options.
Multi Million Dollar Asbestos Lawsuit Won: Blame - Dental Tape Castings from Detsply
Marvin Penn was diagnosed with mesothelioma and, in June, was awarded a 16 million dollar verdict in an asbestos-related lawsuit. This is believed to the first asbestos lawsuit that named a dental tape manufacturer as a defendant.
Marvin was a postal carrier who was thinking of changing jobs in the 1960’s so he enrolled in a dental technician school. There he was exposed to asbestos in making dental castings because the dental tape used contained asbestos.
Initially, there were two dental tape manufacturers named in the suit but one, Dentsply, settled before the verdict. Twenty percent of the liability was assigned to Dentsply; another twenty percent was assigned to Kerr Corporation, the other dental tape manufacturer.
Penn also worked at a post office near the World Trade Center and was there at a time when the building was being sprayed with an asbestos spray. The jury attributed 40 percent of the liability to the spray.
The remaining 20 percent of the liability was assigned to Todd Shipyards where Penn’s father had worked as a steamfitter. Therefore, Penn had risk of secondary asbestos exposure.
Interesting case and verdict. Who would have thought that dental tape contained asbestos? Another point made in this decision is how even the secondary asbestos exposure can lead to lung disease such as mesothelioma and asbestosis.
Marvin was a postal carrier who was thinking of changing jobs in the 1960’s so he enrolled in a dental technician school. There he was exposed to asbestos in making dental castings because the dental tape used contained asbestos.
Initially, there were two dental tape manufacturers named in the suit but one, Dentsply, settled before the verdict. Twenty percent of the liability was assigned to Dentsply; another twenty percent was assigned to Kerr Corporation, the other dental tape manufacturer.
Penn also worked at a post office near the World Trade Center and was there at a time when the building was being sprayed with an asbestos spray. The jury attributed 40 percent of the liability to the spray.
The remaining 20 percent of the liability was assigned to Todd Shipyards where Penn’s father had worked as a steamfitter. Therefore, Penn had risk of secondary asbestos exposure.
Interesting case and verdict. Who would have thought that dental tape contained asbestos? Another point made in this decision is how even the secondary asbestos exposure can lead to lung disease such as mesothelioma and asbestosis.
Saturday, September 20, 2008
Kentucky woman files lawsuit sues 96 claiming mesothelioma
A Kentucky woman and her husband have filed an asbestos suit against 96 defendant corporations, claiming the mesothelioma with which the woman was diagnosed was wrongfully caused.
Roberta and Joseph Stamper claim Roberta was diagnosed with the disease this month, according to a lawsuit filed Sept. 12 in Madison County Circuit Court.
They say Roberta was exposed to the asbestos through several of Joseph's home remodeling and car projects.
Joseph worked as a truck driver for his own business from the 1950s through the 1990s.
They state Roberta's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
They claim her disease was caused after she was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.
The Stampers allege the asbestos-related disease disabled and disfigured Roberta and has caused substantial medical costs. Roberta also has and will continue to experience physical pain and mental anguish, they claim in the lawsuit.
Mesothelioma hindered and prevented Roberta from pursuing her normal course of employment, according to the suit.
As a result, she lost large sums of money, the Stampers claim.
Because of the disease, Joseph claims she has been deprived of the companionship, society and services of Roberta.
In the 11-count lawsuit, the couple is seeking sums in excess of $100,000, punitive and exemplary damages in excess of $100,000, economic damages in excess of $200,000, compensatory damages in excess of $150,000, costs of the suit and for other relief the Court deems appropriate.
They also seek punitive damages in an amount sufficient to punish Ferris Kimball Company, LLC, Sprinkmann Sons Corporation, Sprinkmann Insulation, Inc., and Young Insulation Group of St. Louis for their misconduct and to deter similarly situated parties from committing like acts in the future.
They are represented by Randy L. Gori of Gori, Julian & Associates in Alton
Roberta and Joseph Stamper claim Roberta was diagnosed with the disease this month, according to a lawsuit filed Sept. 12 in Madison County Circuit Court.
They say Roberta was exposed to the asbestos through several of Joseph's home remodeling and car projects.
Joseph worked as a truck driver for his own business from the 1950s through the 1990s.
They state Roberta's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
They claim her disease was caused after she was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.
The Stampers allege the asbestos-related disease disabled and disfigured Roberta and has caused substantial medical costs. Roberta also has and will continue to experience physical pain and mental anguish, they claim in the lawsuit.
Mesothelioma hindered and prevented Roberta from pursuing her normal course of employment, according to the suit.
As a result, she lost large sums of money, the Stampers claim.
Because of the disease, Joseph claims she has been deprived of the companionship, society and services of Roberta.
In the 11-count lawsuit, the couple is seeking sums in excess of $100,000, punitive and exemplary damages in excess of $100,000, economic damages in excess of $200,000, compensatory damages in excess of $150,000, costs of the suit and for other relief the Court deems appropriate.
They also seek punitive damages in an amount sufficient to punish Ferris Kimball Company, LLC, Sprinkmann Sons Corporation, Sprinkmann Insulation, Inc., and Young Insulation Group of St. Louis for their misconduct and to deter similarly situated parties from committing like acts in the future.
They are represented by Randy L. Gori of Gori, Julian & Associates in Alton
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