Couple's asbestos suit names 36 companies as defendants

Kelly Holleran Sep. 8, 2009, 4:31am


A man and his wife have filed an asbestos suit against 36 defendant corporations, claiming the asbestos-related disease with which the man was diagnosed was wrongfully caused.

Tommy J. Harrell worked as a pipefitter, welder and pipeliner from 1957 until 2004, where he says he was exposed to asbestos-containing products.
Tommy J. Harrell and his wife, Linda, claim Tommy J. Harrell was diagnosed with malignant mesothelioma on July 30.

The couple claims the defendants failed to advise Tommy J. Harrell about what would be safe apparel to wear while working around the products, according to a lawsuit filed Aug. 31 in Jefferson County District Court.

They say the defendant companies were negligent by failing to timely warn Tommy J. Harrell about the dangers of asbestos.

They state the companies also negligently failed to implement a safety plan for handling asbestos, according to the lawsuit.

Defendants in the suit include Afton Pumps, Amerflex Rubber and Gasket, Ametek, BWIP, CBS, Certainteed, FMC, Foster Wheeler Energy, Georgia Pacific, Goodyear Tire and Rubber, Goulds Pumps, Ingersoll Rand, J-M Manufacturing, J. Graves Insulation, John Crane, Lamons Gasket, Minnesota Mining and Manufacturing, Pfizer, Rapid-American, Standco Industries, Triplex, Union Carbide, Viacom, Yarway and Zurn Industries.

According to the suit, Harrell was unaware of the hazards and defects in the asbestos-containing products.

Because of his reliance on the companies, Harrell claims he has sustained damages including illness and disability.

He has also suffered great physical pain and mental anguish, has incurred medical costs, suffers from a physical impairment and disfigurement and suffered a progressive loss of earning capacity, according to the complaint.

Linda Harrell has suffered the loss of her husband's care, maintenance, services, support, advice, counsel, companionship, society and consortium because of his sickness.

In the lawsuit, the couple is seeking unspecified general, special, punitive and exemplary damages, plus costs, pre- and post-judgment interest and for other relief the Court deems appropriate.

They are represented by Aaron J. DeLuca and Barrett B. Naman of DeLuca and Nemeroff in Houston.

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

Jefferson County District Court Case No. B184-809.

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