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Boilermaker Awarded $7 Million in Mesothelioma Lawsuit

A boilermaker who worked for Southern Pacific Railroad has been awarded nearly $7 million in a mesothelioma lawsuit by an Alameda County jury.

Jeffrey Emerson worked for the railroad for more than 20 years and was often exposed to asbestos. He was diagnosed with malignant mesothelioma in 2013 and died seven months after the initial diagnosis. His widow, Karen, sued Union Pacific Railroad Company, which by then had merged with Southern Pacific Railroad. After a trial lasting six weeks the jury awarded his widow $6,951,000.

Jeffrey Emerson was deceased by the time the case came to trial but he had a deposition stating that he was exposed to asbestos not only in his day to day job but also he was close to other workers who had asbestos on their clothes. Evidence was also provided to show that the company had not complied with asbestos regulations after they were introduced and the dangers were known.

The jury awarded Mr. Emerson’s family $451,265 for economic damages and $6.5 million for his pain and suffering.

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.

Appeal Court Upholds Workers’ Compensation ruling for Mesothelioma

A court of appeal in California has ruled that the only option for remedy for the family of a man from California who died from mesothelioma is workers’ compensation.

Lario Melendrez died in 2011 of mesothelioma having worked at Ameron International Corp. from 1961 to 1985 based in Pasadena, California. His wife and children filed a wrongful death lawsuit against Ameron arguing that he was exposed to asbestos not only at work but due to waste material that Ameron permitted him to take home for personal projects.

The Los Angeles Superior Court ruled in favor of Ameron in 2014, finding that Mr. Melendrez’s death was indeed work related since he only received the waste due to his employment at Ameron, and stated that the only remedy was workers’ compensation.

Mr. Melendrez’s family appealed stating that working at home in his own time, even though the waste was supplied by his employer should not be covered by workers’ compensation but the appeal failed.

The three judges did not deny that Melendrez’s exposure to asbestos during his employment with Ameron substantially contributed to his mesothelioma, but upheld that workers’ compensation should cover the mesothelioma.

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.

Woman Awarded $13 Million for Mesothelioma From Talcum Powder

On Tuesday, May 5, a jury in Los Angeles awarded $13 million in damages to a woman who contracted mesothelioma from talcum powder.

Lawyers for 73 year old Judith Winkel, who was diagnosed in January 2014, said she contracted the disease from using Cashmere Bouquet talcum powder, which contained asbestos and is manufactured by Colgate Palmolive Company who are based in New York. The jury upheld the claims saying that Colgate was 95 percent responsible for Judith Winkel’s mesothelioma, which is a fatal lung disease.

Her lawyers went on to say that the company knew or should have known about the dangers of asbestos since the 1930s.

Having deliberated for two hours the jury found in Winkel’s favor for all 21 verdict questions. They also found that Colgate Palmolive acted with malice.

A Colgate Palmolive spokesman said that the company was disappointed with the verdict.

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.

Architect Receives Mesothelioma Compensation

An 81 year old Los Angeles man and his wife have been awarded over one and a half million dollars in his asbestos cancer lawsuit.

Marty Marteney’s father was a Mexican immigrant and his father took him out of school and made him work in his auto shop, where he handled materials containing asbestos.

Then, with no education, Marteney enlisted in the armed forces, started a family, and later became an apprentice architect. He returned to school and built a career as a well respected architect, designing homes for the rich and famous in Beverly Hills. He now lives in San Marino, California, with his wife.

Little did he know that his work as a child would later cause the cancer that would ruin his well-deserved retirement.  He was diagnosed with asbestos mesothelioma in May 2012 and was undergoing treatment when he brought a case against the supplier of the automotive parts, Union Carbide, and the distributor, Elementis for his mesothelioma.

After a three week trial, a Los Angeles Jury returned a verdict in favor of Marteney, awarding him $1.525 million.

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.