The widow of Donald Sims is suing her husband's former employer, E.I. Du Pont De Nemours for "maliciously" exposing him to "toxic and carcinogenic dusts." Sims died of mesothelioma in August.
Nancy Sims' asbestos lawsuit was filed with the Jefferson County District Court on Nov. 15.
According to the suit, during Sims employment by Du Pont at its facility in Beaumont, he used and was exposed to toxic and carcinogenic dusts, including asbestos. "As a result of such exposure, Donald Sims developed mesothelioma from which he died a painful and terrible death on Aug. 26, 2007."
"The defendant knew for decades that said toxic and carcinogenic dusts, including asbestos could cause deadly lung disease and cancers and still allowed their employees, such as Sims, to work with and around such products in the workplace while knowing there existed to a substantial certainty that…Sims would be exposed and would likely develop asbestos related disease from such exposures," the suit said.
The suit goes on to allege that Du Pont was negligent for failing "to take the necessary engineering, safety, industrial hygiene and medical precautions and provide adequate warning and training to ensure that the deceased was not exposed to said toxic and carcinogenic dusts, including asbestos."
Nancy Sims is suing for punitive damages, plus mental anguish, medical expenses, loss of earning capacity and loss of consortium.
She is demanding a trial by jury and is represented by Provost Umphrey attorney Darren Brown.
Judge Bob Wortham, 58th Judicial District, has been assigned to the case.
Case No. A180-765