Caroselli, Beachler & Coleman, L.L.C.

Navy plumber claims employers

Effective Pittsburgh liability claims show a defendant acted in a reckless or negligent manner and a plaintiff suffered an injury and loss as a result. Asbestos exposure has been shown to cause chronic respiratory conditions and diseases like mesothelioma and lung cancer.

Allegheny County residents who've been diagnosed with an asbestos-related disease may file for damages through a civil lawsuit. Filing time limits for asbestos claims are based upon the knowledge of an injury, like a date of diagnosis, not the time of exposure which, for many sufferers, is often decades past.

A man who served in the U.S. Navy in the early 1950s used the skills he learned to become a plumber and work with furnaces, boilers and cement pipe. The man was diagnosed with mesothelioma in February, 17 years after ending a career he claimed included repeated exposure to asbestos-made products.

Asbestos-linked illnesses often remain undiagnosed for a decade or more after fibers have been inhaled or ingested.

Five defendants are named in the civil action, 35 fewer than listed in the initial June filing, including recognizable names like Carrier Corporation and Bryant Heating & Cooling. The ex-plumber and his wife allege the defendants "lost" documents that detailed the sources and known dangers of the asbestos products.

The lawsuit accuses the defendants of failure to warn, willful and wanton behavior, negligence and evidence spoliation. The claim says the husband's cancerous disease disfigured and disabled him.

Mesothelioma is incurable. Diagnosis often occurs after the disease has reached an advanced level. It is not uncommon for mesothelioma victims to die before an asbestos liability lawsuit is resolved.

When an asbestos disease sufferer dies, the date of death can be used to rework the claim on behalf of surviving family members. The lawsuit is transformed into a wrongful death case focusing on damages for the pain, suffering and financial losses felt by those left behind.

Source: Legal Newsline Legal Journal, "Plumber’s asbestos case set for trial in Madison County, Ill." Heather Isringhausen Gvillo, Feb. 06, 2014

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Caroselli, Beachler & Coleman, L.L.C.
20 Stanwix Street, Seventh Floor
Pittsburgh, PA 15222

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