One Harris County resident and two Orange County residents have filed an asbestos suit against four defendant corporations, claiming the asbestos-related disease with which a man was diagnosed was wrongfully caused.
Audrey J. Hawkins, Terri Banken and Gina Daigle claim Floyd Hawkins was diagnosed with lung cancer after being exposed to large amounts of asbestos in products manufactured, sold, designed, supplied, distributed, mined, milled, relabeled, resold, processed, applied or installed by the defendant companies.
Defending companies named in the complaint are Atlantic Richfield Co., Beazer East Inc., Certainteed Corp. and Guard-Line Inc.
The plaintiffs allege Floyd Hawkins’s disease was caused because he inhaled, ingested or otherwise absorbed asbestos fibers while at work. They claim he did not know of the hazards of asbestos exposure, according to the complaint.
The plaintiffs state the defendants failed to adequately warn Floyd Hawkins of the serious health hazards related to asbestos exposure and failed to provide him with what would be considered adequate and safe working apparel.
In addition, the defending companies failed to provide Floyd Hawkins with a safe workplace, allowed a dangerous condition to exist, failed to warn Floyd Hawkins of the hazardous condition and to warn him that asbestos particles could lead to disease and failed to market asbestos products that were safe to use, according to the complaint.
The defendants negligently failed to test their products before they were released into the stream of commerce; failed to place warning labels on the asbestos products; failed to warn Floyd Hawkins on the proper way to handle asbestos products; failed to enforce a safety plan; and failed to follow government regulations, the suit states.
Because of his disease, Floyd Hawkins experienced physical pain, suffering and mental anguish; endured emotional distress and physical impairment; and incurred medical costs, the complaint says.
After Floyd Hawkins’s death, his children claim they lost his care, maintenance, support, services, advice, counsel and reasonable contributions and suffered mental anguish.
In the lawsuit, the plaintiffs are seeking general, punitive, special and exemplary damages, plus costs, pre- and post-judgment interest and other relief to which they may be entitled.
They will be represented by Tina H. Bradley of Hobson & Bradley in Beaumont.
The case has been assigned to Judge Gary Sanderson, 60th District Court.
Case No. B194-570