Asbestos case remanded from MDL slated for July trial in Jefferson County

David Yates Jul. 16, 2012, 9:22am

Harris County Courthouse

A Jefferson County asbestos suit originally naming 46 defendant corporations has been remanded from the Texas Asbestos Multidistrict Litigation Panel in Houston and slated for a late July trial.

Plaintiffs Doug and Brenda York claim Doug York was diagnosed with an asbestos-related disease, lung cancer, in December 2009, according to a lawsuit filed May 20, 2010, in Jefferson County District Court.

Court documents show MDL Judge Mark Davidson remanded the case on Jan. 20 and set the case for trial on July 23. However, a search of the MDL database shows that the case has been officially disposed. Court records further show 19 non-suits are on file in the case, with the last two dismissals issued on June 8.

According to the lawsuit, Doug York worked from 1972 until 1985 as a pipefitter for various companies, including Mobil, Olin, Texaco, Fina, Jefferson Chemical, Houston Chemical, Union 76 and Gulf Oil Corp.

The Yorks claim Doug York's disease was caused after he was exposed to asbestos fibers. Doug York did not know of the hazards of asbestos exposure, according to the complaint.

The Yorks state the defendants failed to adequately warn Doug York of the serious health hazards related to asbestos exposure and failed to provide Doug York of what would be considered adequate and safe working apparel.

Defending companies named in the original complaint include AMF Inc., Arch Chemicals, Atlantic Richfield Co., B&B Engineering and Supply Co., BP America, BP America Production, BP Corporation North America, BP Products North America, CBS Corp., Certainteed Corp., Chevron Phillips Chemical Co., Chevron Phillips Chemical Holdings, Chevron U.S.A., Conoco Phillips Co., Crest, Crown, Cork and Seal Co., Deltak, Dravo Constructors, E.I. DuPont de Nemours and Co., Entergy Texas, Exxon Mobil Corp., Exxonmobil Oil Corp., Firestone Polymers, Fluor Constructors International, Foster Wheeler Energy Corp., Foster Wheeler North America Corp., Foster USA Corp., Garlock Sealing Technologies Inc., Guardline, Gulf Oil Corp., Gulf States Utilities, Henry Vogt Machine Co., Huntsman Petrochemical, Mid Valley, Oxbow Calcinning, P.D. Glycol, Riley Power Inc., Temple Inland, Texaco Inc., Total Petrochemicals, Union Oil Company of California, Unocal Corp., Velsicol Chemical Corp., Weil-McClain Boiler Co. and 4520 Corp.

The Yorks are seeking general, special, punitive and exemplary damages, plus costs, interest and other relief to which they may be entitled.

Tina H. Bradley of Hobson and Bradley in Beaumont represent them.

Judge Donald Floyd, 172nd District Court, was originally assigned to the case.

Jefferson County District Court case no. E186-911
MDL case no. 2010-35927

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