Patton, Sears Roebuck, Asbestos & Mesothelioma: A recent case in the Court of Appeals of North Carolina ruled on an appeal from the North Carolina Industrial Commission’s Opinion and Award.
The Patton, Sears Roebuck, Asbestos & Mesothelioma case documents what many brake mechanics, hvac technicians, air conditioning technicians, Navy veterans and others may face today – past potential direct and secondary exposure to asbestos and mesothelioma. The court ruled: judgments are affirmed.
A brief summary of the facts include:
- The evidence before the Commission tended to show that the decedent worked for defendant-employer from 1958-1995 as a service technician. The decedent developed an expertise in the repair, installation, and maintenance of home heating, ventilation, and air conditioning (HVAC) units.
- Johnny Carroll, the decedent’s co-worker, testified on behalf of plaintiff before the Commission. Defendant-employer employed Mr. Carroll as a service technician for approximately twenty-four years beginning in 1972. Mr. Carroll testified that he was the decedent’s primary working partner from 1978-1995. The pair worked together approximately two days per week. On the other days, they worked on separate, but similar service calls. On average, each would respond to six to ten service calls per day.
- Mr. Carroll testified that he and the decedent repaired furnaces between October and March on almost a daily basis. Prior to 1978, most of the decedent’s work also involved furnace installations. Mr. Carroll stated that the furnaces containedasbestos materials, including asbestos rope gaskets, asbestos tape, and asbestoscement.
- Jerry Dean Davis, a retired employee of defendant-employer, testified that he worked as a service technician for thirty-eight years beginning in August 1971. Mr. Davis testified that he likely went on service calls with the decedent. Mr. Davis recalled that the only time an employee would work on a furnace call would be “in the wintertime.”
- He also testified that he reasonably believed the decedent would have been exposed to asbestos for thirty days in a seven-month period while working for defendant-employer.
- However, he clarified that he assumed the decedent would have been exposed to asbestos insulation, but he was unsure of whether the decedent was actually exposed to asbestos at that frequency.
To find out more on the case, see Case No. COA14-955 – February 17, 2015.
ASBESTOS & MESOTHELIOMA
For more on asbestos and mesothelioma, please visit the links below:
- An Overview
- Mesothelioma is a cancer that has been linked to asbestos exposure. Mesothelioma (cancer of the mesothelium) is a disease in which cells of the mesothelium become abnormal and divide without control or order.
- Asbestos Connection
- Exposure to Asbestos
- Signs and Symptoms
- Diagnosis/Staging and Treatment
- Go To Asbestos
- Asbestos & Mesothelioma News
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