A construction company’s appeal has been denied in an unusual asbestos case involving a bank management trainee who was exposed to asbestos while working at his desk. The manager was assigned to a bank branch that was undergoing an expansion in the early 1970s. The project involved adding two additional floors (four and five). The manager worked on the half-finished fourth floor in a section protected only by plastic sheets.
In his claim, the manager stated that his desk was always covered in dust, so he had to wipe it down constantly. He also claimed that even his suits were covered in dust almost daily. The construction company used an asbestos-contaminated joint compound that the manager says was responsible for his malignant mesothelioma. He was diagnosed in 2013.
A jury agreed with the manager, finding the construction company negligent, and awarding him over $8 million. Acknowledging that the bank manager also received judgments from other defendants, the award was later reduced to $2 million. Although the construction company was off the hook for a large percentage of the original judgment, it still decided to appeal the reduced amount based on what it described as “technical” grounds.
In the end, a Maryland appellate court has decided against the construction company, concluding that the evidence “sufficiently identified” the construction company as the contractor for the plaintiff’s jobsite. In addition to the reduced $2 million judgment, which was to cover medical expenses, pain and suffering, and other damages, the construction company was ordered to pay for the costs of litigating the appeal. According to HarrisMartin Publishing, the final judgment totaled more than $2.6 million.
Asbestos exposure can occur anywhere. It can occur in your own home, at school, at work, and even in outdoor air. If you have been exposed to asbestos, please see your doctor right away. Your doctor can refer you to a mesothelioma specialist who can assess your risk of developing the disease and set up a monitoring plan.
Although there is no cure for mesothelioma, early detection could lead to better treatment options and outcomes. Talk to your doctor about your risk today.
Sources
“Asbestos and Cancer Risk.” American Cancer Society. American Cancer Society Inc., 2018. Web. 19 July 2018.
“Md. Appellate Court Affirms $2.6 Million Judgment Entered in Asbestos Case Against Drywall Contractor.” HarrisMartin Publishing. HarrisMartin Publishing, 09 July 2018. Web. 19 July 2018.
