Bailey Cowan Heckaman PLLC has filed a civil lawsuit against several automotive and trucking companies on behalf of a client who was diagnosed with mesothelioma.
The lawsuit, filed in Dallas County District Court, claims our client’s prolonged exposure to asbestos while working as a mechanic led to him contracting malignant mesothelioma, a rare and deadly form of lung cancer.
The lawsuit names several defendants alleged to have been responsible for our client’s asbestos exposure, including:
- Employer defendants whom our client had worked for during his career as a mechanic and which are alleged to have exposed our client to friable asbestos from components used in automobiles, commercial trucks, and other heavy equipment.
- Product defendants alleged to have manufactured, sold, distributed, supplied, installed, promoted, directed, managed, or controlled products containing asbestos fibers our client worked with and around. Product defendants include Meritor, Inc. (f/k/a ArvinMeritor, Inc.), Fleetpride, Inc., Fontaine Commercial Trailer, Inc., Stewart & Stevenson, LLC, TRW Automotive U.S., LLC, and Daimler Trucks North America, LLC.
As claimed in the lawsuit, our client was exposed to asbestos-containing products throughout his career as a mechanic.
- In the early 1970s, our client began working as a mechanic while still in high school at Sanford’s Gulf in San Antonio, where he performed brake and clutch work and minor engine repair on passenger vehicles and light-duty trucks.
- From 1974 to 1979, our client worked for Hunsaker Truck Lease, Inc. in Dallas County, where he performed mechanic work on various automobiles, commercial trucks, and other heavy equipment. Many components used and incorporated into the engines, gaskets, brakes, and clutches our client handled contained friable asbestos.
- In 1979, our client began working for Industrial Automatic Transmission Service as a mechanic, where he performed general mechanic work using components and products that contained asbestos.
- In 1999, Inland Truck Parts acquired Industrial Automatic Transmission Service. Our client became a supervisor around that same time, and remained with Inland Truck Parts through the date of his diagnosis in December 2018.
The suit claims our client was wrongfully exposed to and inhaled, ingested or otherwise absorbed asbestos fibers, an inherently dangerous toxic substance, in the course of his employment with Sanford’s Gulf and both Employer Defendants, Hunsaker and Inland.
The lawsuit alleges several claims, including:
- Negligence and Gross Negligence against all defendants over supplying asbestos-containing products, failing to use substitute materials, and failing to warn workers, among other claims.
- Negligence and Gross Negligence against HTL Holdings / Hunsaker Truck Lease / National Truck Freight and Inland Truck Parts Company / Industrial Automatic Transmission over failures to exercise care to protect workers and provide adequate training, supervision, safety equipment and policies or procedures, among other claims.
- Negligence and Gross Negligence for Premises Liability over failures to maintain a safe premises, warn about the dangers of asbestos, and comply with state and federal regulations, among other claims.
- Strict Liability against all defendants for manufacturing, supplying, distributing, and using asbestos-containing products and failing to warn or adequately instruct about dangers and precautions.
- Gross negligence against all defendants over conduct in reckless disregard to safety of workers exposed to products defendants knew contained asbestos.
As a result of his exposure to asbestos-containing products, the suit alleges, our client was diagnosed with malignant mesothelioma in late 2018.
The lawsuit suit seeks compensatory and exemplary damages for:
- Past and future medical expenses
- Physical pain and suffering
- Mental anguish
- Lost earning capacity
- Lost value of household services
- Loss enjoyment of services
- Loss of consortium
Seeking Justice for Victims of Asbestos Exposure
BCH intends to aggressively litigate this case on behalf of our client and his family.
As a trial law firm that has represented numerous victims across Texas and the U.S. in complex mesothelioma cases, we know our client’s story is unfortunately not an anomaly. Many victims diagnosed with mesothelioma and other asbestos-related diseases can connect their disease to years of occupational exposure. This is especially true for workers in industrial settings, including mechanics, construction workers, rail workers, and military personnel.
If you or someone you love has questions about asbestos / mesothelioma and your legal options, Bailey Cowan Heckaman is available to help. Contact us for a free consultation.