Pennsylvania resident sues foreign companies in Texas over asbestos exposure

Michelle Massey, East Texas Bureau Nov. 5, 2009, 8:31am

TYLER � While working in Texas, Pennsylvania resident Robert Plummer alleges he was exposed to asbestos and asbestos fibers which have caused injuries to his respiratory system.

He states that he is now forced to "live with the fear, distress, and mental anguish caused by the knowledge of living with the terminal disease of mesothelioma."

Claiming he was exposed to defective and unreasonably dangerous products, Plummer and his wife, Nadine, filed a suit against T & N Ltd. and TAF International Limited by their agent, The Federal-Mogul Asbestos Personal Injury Trust. The federal suit was filed Nov. 2 in the Tyler Division of the Eastern District of Texas.

The Federal-Mogul Asbestos Personal Injury Trust is a Delaware statutory trust, established under the terms of the Fourth Amended Joint Plan of Reorganization for Federal-Mogul Corp. and various affiliates on Dec. 27, 2007.

Defendant T&N Limited is a subsidiary of Federal-Mogul Corporation and is a foreign corporation formerly known as T&N PLC, Turner & Newell PLC and Turner & Newell Limited.

Defendant TAF International Limited is a United Kingdom subsidiary of T&N and is a foreign corporation formerly known as Turners Asbestos Fibres Ltd. and Raw Asbestos Distributors Ltd.

Plummer states that while working for defendants, he inhaled dangerous fibers that contained asbestos which were produced by the defendants.

The plaintiff states that he is now sick with mesothelioma, an "irreversible disease that is unique to exposure of asbestos."

The lawsuit alleges that the defendants failed to warn of the dangers associated with their asbestos products and should have taken measures to prevent or minimize the plaintiff's exposure.

Plummer believes the defendants consorted with other representatives of the asbestos industry to cover up and minimize the known dangers associated with asbestos containing products.

"Plaintiffs alleges that such conduct amounted to fraud and was proximate cause of Plaintiff's injuries," the complaint states.

Further, the plaintiff claims the defendants were negligent for failing to keep up with the latest literature about the dangerous propensities of asbestos fibers.

The case is considered a "tag-along" case which will be transferred to the multi-district litigation pending in the federal court in the Philadelphia Division of the Eastern District of Pennsylvania

The plaintiffs are seeking damages for extreme physical and mental pain, medical expenses, mental anguish, loss of consortium, loss of household services, pre and post judgment interest.

Arguing the defendants' conduct was intentional, willful and malicious and was a conscious indifference to the rights or welfare of people, the plaintiffs are asking for punitive damages.

The plaintiffs are represented by South Carolina attorney Badge Humphries, Joseph Rice, John A Baden IV and Brian Bevon of the law firm Motley Rice LLC.

U.S. District Judge Leonard Davis will preside over the litigation.

Case No 6:09cv00497

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