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Haver, BNSF Railway, Secondary Exposure, Asbestos & Mesothelioma

ASBESTOS, MESOTHELIOMA, CANCER Haver, BNSF Railway, Secondary Exposure, Asbestos & Mesothelioma: A recent case in the Court of Appeals of California, Second District, Division Five ruled on a lower court decision.

The Haver, BNSF Railway, Secondary Exposure, Asbestos & Mesothelioma case documents what many secondary exposure – (secondary asbestos dust exposure – secondhand asbestos exposure) – victims may face today – past potential secondary exposure to asbestos and mesothelioma. The court affirmed the lower court’s ruling.

To find out more on the case, see Case No.  B246527 – June 3, 2014.

A brief summary of the facts include:

  • Lynn Haver (Lynn) contracted mesothelioma as a result of her secondary exposure to asbestos. Haver’s former husband, Mike Haver (Mike), was employed by the Santa Fe Railway, the predecessor to defendant BNSF Railway Company in the 1970’s.
  • Mike was exposed to products and equipment containing asbestos on BNSF’s premises on numerous occasions during the course of his employment.
  • The asbestos adhered to his clothing and was transferred to the couple’s home, where Lynn was exposed.
  • Lynn was at all times unaware of the hazardous conditions or the risk of personal injury and death to those working in the vicinity of products and materials containing asbestos, and was not aware of the effects of secondary exposure to her own well-being.
  • BNSF knew at all times of the danger of asbestos exposure, including secondary exposure to the spouses of its employees, but failed to abate the dangerous conditions on its premises or warn Lynn of their existence.
  • Lynn inhaled asbestos fibers as a result of her direct and indirect contact with Mike, his clothing, tools, vehicles, and general surroundings.
  • As a proximate result of her exposure to asbestos, Lynn suffered severe and permanent injuries including throat cancer and progressive lung disease, from which she died.

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.