Four brothers sue Chevron over father's mesothelioma death

Kelly Holleran Jan. 2, 2009, 5:00am

Four Texas men have filed an asbestos suit on behalf of their recently deceased father against Chevron and Gulf Oil, claiming the mesothelioma with which he was diagnosed was wrongfully caused.

Kyle, Dan, Ted and Mark Bergeron claim Gliese Bergeron died from the disease Oct. 31, according to a lawsuit filed Dec. 22 in Jefferson County District Court.

The plaintiffs say their father worked in 1942 and from 1946 until 1983 as a pipefitter, operator, truck driver, insulator and maintenance planner at Chevron and Gulf Oil, according to the lawsuit.

The brothers state Gliese's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.

They claim Chevron and Gulf Oil are negligent by failing to test the air to determine the concentrations of asbestos fibers at the work site and by failing to warn workers about the safety and health hazards of asbestos.

Chevron and Gulf Oil also negligently failed to implement appropriate safeguards to protect workers, failed to conduct adequate industrial hygiene monitoring, failed to properly train, educate and instruct workers on the health hazards of asbestos and failed to provide and recommend the use of personal protective equipment to protect workers, according to the complaint.

In addition, both companies negligently failed to implement and recommend engineering controls to eliminate workers' exposure to asbestos, failed to allow and prohibit improper handling of asbestos fibers, failed to provide workers with a safe place to work and failed to timely develop and enforce an occupational medicine program to monitor workers' exposure to asbestos, the suit states.

Kyle, Dan, Ted and Mark seek unspecified exemplary and punitive damages, plus interest at the legal rate, costs and other relief to which they may be entitled.

They are represented by Aaryn K. Giblin of Provost and Umphrey in Beaumont.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B182-900

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