$3.2m asbestos verdict upheld after appeal

Baton Rouge, Louisiana â€" Fifteen months after winning a verdict of $3.2 million, Ray Rando, a former contractor who developed mesothelioma after asbestos exposure, has won his case all over again, this time in the Louisiana First Circuit Court of Appeal. Ray Rando won the case against defendants Parsons Infrastructure & Technology Group, Inc. and Jacobs Constructors, Inc. Rando developed mesothelioma after working as a welder and pipefitter for the construction companies, and being exposed to asbestos on the job. He worked in these positions between 1965 and 1985 and was diagnosed with mesothelioma in 2006. In a statement, Rando’s attorneys said, “Ray Rando’s employers tried repeatedly to evade responsibility for his injuries, but these committed attorneys convinced the trial court, and then the Court of Appeal, that these companies were responsible to their employees for exposing them to dangerous levels of asbestos.” “Mr. Rando’s employers did not protect him from the clouds of asbestos in which he worked, even though basic prevention methods have been known since the 1930s. This man has had to accept that the disease that will kill him was preventable, but his employers did nothing to protect him.” In their decision the Louisiana Court of Appeal ruled that since Louisiana’s Workers’ Compensation Act doesn’t cover mesothelioma, and therefore mesothelioma lawsuits brought against employers can’t be barred on the basis of workers’ compensation coverage. In addition, the appeals court ruled that the state’s ten-year pre-emptive period to bring personal injuries claims arising from deficiencies in construction improvements did not bar Rando’s lawsuit. The appeals court ruled that the claims Rando made against his employers fell within statute exceptions because his employer, which was a turn-key construction company working onsite at chemical plants, had control over the  conditions at the construction sites where Rando was exposed to asbestos. Asbestos was commonly used in construction materials in the twentieth century, particularly between the 1940s and 1980s. Its fire-resistance, acid-resistance, strength and durability made it an ideal material to use for insulation, caulk, plaster, adhesives, cement products, and many other types of construction materials. In addition to causing deadly cancersâ€"including mesothelioma and lung cancerâ€"asbestos exposure causes a chronic lung disease called asbestosis, and other types of lung damage. Mesothelioma is perhaps the most lethal of the asbestos-related diseases. This cancer is difficult to diagnose and treat, and is incurable. (Source: Asbestos and Mesothelioma News)