Asbestos suit names 46 companies for alleged asbestos exposure

David Yates Aug. 27, 2008, 6:20am

Lou Thompson Black

Tommy Davis and his wife Jacqueline have filed a lawsuit against 46 defendant companies, alleging the companies purposely inflicted Tommy with an asbestos disease.

Court papers say A.W. Chesterton and 45 other companies conspired to mine, process and sell asbestos products, suppress the information pertaining to the fiber's hazardous influence on human health and purposely inflict employees with an asbestos disease.

Looking for compensation for his alleged exposure to asbestos and for his asbestos related disease, the couple's nine-count personal-injury lawsuit was filed Aug. 26 in the Jefferson County District Court.

A mineral fiber that has been used commonly in a variety of building construction materials for insulation and as a fire-retardant, asbestos has been utilized by mankind for more than 2,000 years, said the Environmental Protection Agency's Web site.

According to the plaintiff's original petition, companies such as Union Carbide, Goodrich and Zurn Industries knew that the asbestos products they manufactured would hit the market without inspection for defects.

"Defendants knowingly conspired among themselves to cause defendant's injuries, diseases, and illness and/or death by exposing him to asbestos," the suit said. "Defendants committed conspiracy by willfully misrepresenting and suppressing the truth as to the risks and dangers associated with asbestos."

The suit says the defendants have been in possession of medical and scientific data exposing the health risks of asbestos for decades, but conspired among themselves to suppress the information.

The suit does not give specifics on the location or time of Davis' employment, but does say he was required to work with machinery and was exposed to asbestos.

The plaintiffs are suing for Tommy's physical pain and suffering in the past and future, mental anguish in the past and future, lost wages, loss of earning capacity, disfigurement in the past and future, physical impairment in the past and future, and past and future medical expenses, including homecare costs.

They are also seeking punitive and exemplary damages.

Brent Coon & Associates attorney Lou Thompson Black represents the plaintiffs.

According to the Brent Coon & Associates Web site, Lou Thompson Black is the managing partner of the Houston office of Brent Coon and Associates.

She manages hundreds of asbestos cancer cases filed in various jurisdictions and states. Black's primary practice area is toxic tort law, including products liability, premises liability, and employer liability.

Judge Gary Sanderson of the 60th Judicial District will preside over the case.

Case No. B182-294

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