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Harris, Ajax Boiler, Asbestos & Mesothelioma

Harris, Ajax Boiler, Asbestos & Mesothelioma: A recent case in the United States District Court, W.D. North Carolina, Asheville Division ruled on a summary judgment motion.

The Harris, Ajax Boiler, Asbestos & Mesotheliomacase documents what many construction workers may face today – past potential secondary exposure to asbestos and mesothelioma. The court ruled in favor of hte defendants in the case.

To find out more on the case, see Case No. 1:12-cv-00311-MR-DLH – July 3, 2014.

A brief summary of the facts include:

  • Billy David Harris was diagnosed with malignant mesothelioma on or about October 21, 2011, and died from the disease on January 12, 2013. 
  • Mr. Harris worked manual labor jobs where he was exposed to asbestos.
  • His work in the industrial trade placed him around asbestos insulating materials which can release asbestos dust into the air under certain conditions.
  • As relevant here, Harris’ industrial employment included working for Cooks Insulation Co., Inc. (herein “CICI”), as an insulator helper rehabilitating steam boilers at various commercial sites.
  • Harris was employed by CICI for 18 months from approximately 1974 to 1976.
  • Harris recalled working on American Standard boilers because of seeing an American Standard name plate affixed to them.
  • He testified that he probably worked on “more than ten” American Standard boilers and that his job was to chip the mud out of the internal firebox “and clean it — clean it out, scrape it out and re-mud it.”  (castable cement containing asbestos fibers sold under the brand name “Narcolite”)(Narcolite was manufactured by the North American Refractories Company (NARCO) from 1961 to 1977 and contained 2% chrysotile asbestos. This product was sold in 50 pound bags as a powdered cement composite that required mixing with water before application.)
  • With regard to the process of “re-mudding,” Harris testified, “[w]e would usually take a wheelbarrow and just dump [the Narcolite] out in there, which it would be very dusty, and mix it up. And either me or Bob, one, would get in there and put the mud back in there on it.”

For more on asbestos and mesothelioma, please visit the links below:

At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases. If you have been diagnosed with mesothelioma, and need an asbestos or mesothelioma lawyer to help you file a mesothelioma lawsuit, contact our office at 1.844.329.5955.