Asbestos and Mesothelioma News

Family Awarded Compensation in Asbestos Suit

Thursday, April 23rd, 2009

A Louisiana family was awarded compensation for the death of a former Exxon Mobile Corporation employee who died of mesothelioma cancer. The Louisiana First Court ruled that Exxon officials failed to provide their employees with protective gear, despite their knowledge of asbestos and its harmful effects.


Exposed to Asbestos While Working for Exxon
Bruce Spillman worked on Exxon towboats from 1945 to 1949, and as a welder in Exxon’s Baton Rouge oil refinery from 1949 to 1986, during which he was wrongfully exposed to asbestos.


Spillman was diagnosed with mesothelioma cancer in 2005 and died the same year. After his death, Spillman’s family filed a lawsuit on his behalf, claiming that his disease was foreseeable and could have been prevented. The court held that the plaintiff had enough evidence to prove Exxon did in fact know about the harmful affects of asbestos but chose not to warn their employees or provide them with gear to protect their safety.


Exxon Tried to Evade the Suit
Exxon tried to claim immunity from the lawsuit based on workers compensation statutes, however, the court ruled that the Louisiana 1952 Workers’ Compensation Act does not cover mesothelioma. Even though the corporation tried to dodge the claim, it was found guilty of negligence and the wrongful death of Spillman.


(Source: The Wall Street Journal)


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