Galveston woman blames mesothelioma on father's work with asbestos

John Suayan, Galveston Bureau May 14, 2008, 11:50am

Ian Cloud

GALVESTON – A local woman claims her father's work with asbestos products exposed her to so much of the fibers that she has developed mesothelioma. Cynthia Leigh Chason filed suit against Marathon Petroleum Company and other businesses in Galveston County District Court on May 8.

"Ms. Chason was exposed to asbestos through household contact from her father, Loy Garner, who was employed by Marathon from 1969 through at least 1979," says the plaintiff's original petition. "In addition, Ms. Chason was exposed through her father who also worked at Smith Douglass in Texas City from 1961 to 1969; and additionally he did some short-term contracting work in the 1970s for BASF in Freeport, Todd Shipyard in Galveston, and Monsanto in Texas City."

BASF Corporation and Todd Shipyards Corporation were also named defendants.

The suit contends Chason "was exposed to large quantities of asbestos from the products and/or machinery manufactured, sold, designed, supplied, distributed, mined, milled relabeled, resold, processed, applied, or installed by the above-named Defendants."

Her father "was required to handle asbestos containing products and/or machinery containing asbestos" thus was subjected to other asbestos products and/or machinery present in the workplace attributed to the accused. It is also asserted that he came into contact with others who may have worked directly with the asbestos containing products or machinery.

The suit argues the defendants were aware of the potential health risk the asbestos and its related products presented, but failed to give any type of warning.

"The negligence of the Defendants was a proximate cause of the Plaintiff's injuries and damages," it explains. "The Defendants knew, or in the exercise of ordinary or reasonable care should have known, that the asbestos containing insulation and/or machinery they manufactured, sold, designed, supplied, distributed, mined, milled, relabeled, resold, processed, applied, or installed was poisonous and highly harmful to the Plaintiff's health."

Alongside negligence, conspiracy and "the Defendants' acts or omissions were a producing cause of the Plaintiff's injuries and damages."

Chason is represented by Ian P. Cloud. They placed a request for a jury the same day the suit was filed.

The case has been assigned to Judge David Garner, 10th District Court.

Litigation will continue even after Chason's passing as a result of mesothelioma, says the suit.

Case No. 08CV0486

More News