A Texas man has filed an asbestos suit against 31 defendant corporations, claiming the asbestos-related disease with which he was diagnosed was wrongfully caused.
Thaddeus Alpough claims he worked as a supervisor, welder and laborer.
Although Alpough has already sued for a non-malignant asbestos-related disease, he alleges his claim is allowable because his current suit is for a different malignant disease than what was presented in his original suit.
The plaintiff cites a 2000 Texas Supreme Court decision, Pustejovsky v. Rapid American Corp., which allows a plaintiff to file an additional lawsuit for asbestos-related cancer if a second illness from the same cause develops at a later date. Prior to Pustejovsky, Texas courts allowed plaintiffs only one asbestos-related lawsuit even if they later developed a second illness.
Alpough states the defendants were negligent because they did not adequately test products before putting them into the stream of commerce, according to the lawsuit.
He claims the defendants sold products that were unreasonably dangerous and defective.
Alpough alleges the defendant companies failed to adequately warn of the dangers of asbestos exposure.
Mask products Alpough wore, which were supposed to provide respiratory protection, instead contributed to his problems, according to the suit.
Because of Alpough's asbestos exposure, he suffered physical pain and suffering, mental anguish, lost wages, a loss of earning capacity, disfigurement, physical impairment and incurred medical bills, the suit states.
Alpough is seeking actual and exemplary damages within the jurisdictional limits of the court, plus court costs, pre- and post-judgment interest and other relief to which he may be entitled.
He is represented by Bryan O. Blevins Jr. of Provost and Umphrey Law Firm in Beaumont.
The case has been assigned to Judge Gary Sanderson, 60th District Court.
Case No. B183-274