In the face of unquestionable scientific proof that exposure to asbestos causes malignant mesothelioma, it would seem like common sense that companies that sold and installed asbestos-containing materials would take responsibility when confronted by those who were sickened by their actions or products. Unfortunately that is not the case, and countless victims diagnosed with asbestos-related diseases are forced to take them to court in order to get the compensation they deserve. A recent example of this took place in Baltimore, Maryland, where even after a jury found an asbestos company guilty, they argued against their own fault and appealed the matter to a higher court.
Months of breathing in asbestos dust blamed for mesothelioma
The mesothelioma lawsuit was filed by William Busch, Jr., who was diagnosed with the rare and deadly form of cancer after having worked for Honeywell in the early 1970s. During that time he had been assigned to work on the construction of Loch Raven High School, and spent three to four months in the boiler room alongside insulators covering the building’s boilers with asbestos-contaminated insulation. Mr. Busch presented testimony that his work environment was often filled with “snow storms” of asbestos dust, and that though he wore a respirator, he inhaled the carcinogenic materials.
Company argues against liability despite evidence
In investigating the cause of his mesothelioma, Mr. Busch identified the company Wallace & Gale as responsible because they had performed the insulation work at the school. Time sheets and other documentation of their role in the construction and insulation were submitted as evidence, but despite this the company argued that they could not be held responsible because the evidence was circumstantial and that another contractor had done the work.
Despite this argument and the fact that Mr. Busch acknowledged in court that the other company had been dismissed from the case, the jury found Wallace & Gale responsible and delivered a $14.1 million verdict that was reduced to $7.3 million. The company appealed, but the appeals court ruled that “circumstantial evidence was presented such that a reasonable factfinder could have found by a preponderance of the evidence that W&G performed the asbestos insulation work in the LRHS boiler room.”
Mesothelioma victims have to face many struggles, but there are many compassionate people available to guide them through their challenges. For information on how we can help, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
