Wednesday, August 6, 2008

Kentucky man names 30 defendants in asbestos lawsuit

The estate of Danny Joe Brown, a Kentucky man who died from lung cancer, has filed a lawsuit which names thirty companies as defendants. The lawsuit alleges that Danny Joe Brown developed lung cancer as a result of working in environments in which he was exposed to deadly asbestos dust. The lawsuit was filed by Terry Joe Meadows, on behalf of the estate of Danny Brown, on June 3 in Kanawha Circuit Court, West Virginia. The lawsuit names as defendants a total of thirty state and national companies, including CSX Transportation and AK Steel. The suit claims that Danny Joe Brown worked from 1955 to 1991 for a number of companies, including Armco Steel, Monsanto Chemical, and Union Carbide. The suit also claims that Brown worked as a carman and laborer for the Chesapeake and Ohio Railway Company, which later became CSX Transportation. According to the suit filed by Terry Joe Meadows, Danny Brown was exposed to toxic materials such as asbestos from 1955 onwards, and the exposure to these toxins subsequently caused Brown to develop lung cancer. The lawsuit claims that Brown was not aware that exposure to asbestos was dangerous, and was not aware that working with and around asbestos could later cause him to develop lung cancer. The lawsuit says Danny Brown suffered reduced enjoyment of life, mental and physical pain and anguish, reduced earning capacity, and lost income. In addition, the lawsuit says, Danny Brown eventually died as a result of the lung cancer which he developed due to toxin exposure. As well as these issues, the lawsuit claims that the family of Danny Brown has suffered a great deal of mental anguish, and must also cope with medical bills and hospital and doctor expenses as a result of Brown’s battle with lung cancer. The lawsuit is seeking both compensatory and punitive damages. Cases such as this are often much less clear cut in comparison to cases where the plaintiff has developed mesothelioma, as even though lung cancer is known to be caused by asbestos exposure, it can develop in response to other carcinogens, such as cigarette smoke. This means it can be difficult to pin down the exact cause in a case where asbestos is a risk factor. Mesothelioma cases are usually much simpler to resolve, as unlike lung cancer, this type of cancer is caused only by exposure to asbestos. (Source: Asbestos and Mesothelioma News)

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