Overview of Asbestos in Wyoming
There is a geological strain of natural asbestos deposits in Wyoming but none have every been mined commercially and none is located in a populated area. Wyoming is the least populous state in the nation with about 550,000 residents. The history of asbestos exposure in the state is linked largely to the oil and petrochemical facilities located in the Green River Valley and elsewhere, and the power plants built during the twentieth century. Mobil Oil, Texaco, Frontier Oil and Husky Oil are all names that are now or once were associated with Cheyenne refineries. Sinclair Oil and others are located in the Sinclair area. There are chemical plants in Cheyenne, in Green River and in Casper. The power plants in Rock Springs and Cheyenne are also known to be locations where Wyoming employees were exposed to asbestos.
Mesothelioma & Asbestos Deaths in Wyoming
Wyoming has recorded thirty two deaths attributed to asbestosis over the two decades 1979 – 2000. During that same period, the state recorded death certificates for between twenty three and thirty one residents who succumbed to mesothelioma or asbestos lung cancer. In 1999 the National Institute for Occupational Health and Safety (NIOSH) began closely tracking and recording mesothelioma deaths. A report issued in 2005 by the agency showed an additional fifty mesothelioma deaths over that six year period, indicating that previous estimates of mesothelioma deaths were probably low.
Legal Rights of Mesothelioma Victims in Wyoming
The Wisconsin Department of Environmental Quality regulates asbestos abatement and disposal, overseeing the permit process for demolition and waste shipment records. Wyoming state law contains a four year statute of limitations on personal injury and product liability cases. That means a resident who has developed an asbestos related disease has four years after the date of diagnosis to file a personal injury or product liability suit. Families who have lost someone to asbestos cancer have two years after the date of death to file a wrongful death action.
Wyoming courts utilize a “pure” form of joint and several liability, meaning that multiple defendants are held responsible for their share of allotted responsibility for the harm done the plaintiff. However under the “joint” provision a defendant who holds any culpability may be held responsible for the entire harm if the other defendants are unable to pay.
Asbestos Lawsuits in Wyoming
There is not a large body of case law on asbestos claims in Wyoming. One case upheld denial of a Workers Compensation claim filed by a man who was exposed to asbestos in the late seventies and was diagnosed with asbestosis in 2001. The court found that the laws in effect at the time of discovery applied in employment compensation cases, and that the plaintiff in this case had failed to comply with the one year limit on reporting injury to the state and (former) employer.
