Bailey Cowan Heckaman PLLC has filed a wrongful death lawsuit against American Gilsonite Company and others on behalf of a family whose loved one died as a result of mesothelioma.
As noted in the lawsuit, the victim worked with and was exposed to asbestos-containing products and machinery requiring the use of asbestos-containing products while working at various locations as an employee of American Gilsonite Company. Sworn deposition testimony established large exposures at this jobsite. Plaintiffs filed suit in Harris County, Texas after American Gilsonite Company challenged personal jurisdiction in a case pending in Madison County, Illinois. BCH has faced similar jurisdictional challenges in the past, and will continue to re-file cases in venues where defendants are “at home.” A corporation is generally considered “at home” in the place of its incorporation and the place of its principal place of business. Here, American Gilsonite Company is headquartered in Houston, Texas. This case is yet another in a long line of cases where BCH will go the extra mile for their clients.
As a result of the exposure, the victim developed mesothelioma and eventually succumbed to his illness. He left behind a family deeply and profoundly affected by their loss.
About the Lawsuit
The suit makes several claims regarding the defendants’ conduct and liability, including:
- The victim’s illness and ultimate death were a result of each defendant’s negligence as they mined, designed, manufactured, distributed, and installed asbestos, products containing asbestos, and / or machinery which called for the use of asbestos products they knew or should have known were harmful to the victim’s health.
- The defendants failed to timely and adequately warn the victim of the hazards associated with asbestos exposure, failed to provide the victim with information about proper protective equipment, and failed to place adequate warnings on asbestos products and machinery.
- Defendants failed to take reasonable precautions or exercise reasonable care to create a safety plan for the proper handling of asbestos, failed to use a substitute material as an alternative to asbestos fibers, and failed to properly design, manufacture, and test asbestos products.
- Defendants failed to recall or remove asbestos products or machinery requiring asbestos use despite knowing of the dangers.
The family is seeking compensation for resulting damages, including:
- The victim’s pain and suffering prior to death;
- The victim’s disfigurement and physical impairment prior to death;
- Medical expenses incurred by the estate;
- Funeral and burial costs;
- Lost earnings and wages;
- The family’s loss of care, support and consortium;
- The family’s past and future loss of financial and emotional support.
In addition to compensatory damages, the family is also seeking punitive damages, which are intended to punish wrongdoers for egregious conduct. As alleged in the suit, the defendants’ actions constituted a pattern of intentional wrongful conduct, felonious acts, statutory violations, and gross negligence.
Mesothelioma Lawyers Fighting for Families Nationwide
Bailey Cowan Heckaman PLLC is a Texas Trial Law Firm with a national reputation for helping victims and families in the fight for justice. Over the years, the firm’s award-winning attorneys have cultivated a record of success in complex, high-stakes claims, including those involving asbestos exposure, mesothelioma, product liability, and serious injuries or wrongful death against powerful corporations and insurance companies.
For questions about our firm, or to discuss a potential mesothelioma or asbestos exposure claim, call or contact us online.
