The Richardson, PCS Phosphate, Asbestos & Mesothelioma case documents what many industrial plant employees (e.g., manufacturing phosphate products used to make food products, fertilizer, and toothpaste) and others may face today – past potential direct and secondary exposure to asbestos and mesothelioma. The court ruled on the appeal.
A brief summary of the facts include:
- Plaintiff James Richardson began working for PCS Phosphate Company, Inc. (“PCS”, fka Elf Aquitaine, fka Texas Gulf) in 1968.
- PCS manufactures phosphate products used to make food products, fertilizer, and toothpaste.
- Although plaintiff started as a concentrator engineer, he became a process engineer beginning in December of 1968. As a process engineer, plaintiff worked throughout the mill department, but the majority of his time was spent working in close proximity to the steam pipes and operating equipment. Plaintiff claimed that he performed “hands-on” work on the plant equipment that contained asbestos.
- In 1974, he was promoted to mill superintendent. As the superintendent, he also worked closely with operators and maintenance workers in the plant operation areas.
- Plaintiff recalled that, during this time period, he observed maintenance projects throughout the facility that involved the removal or disturbance of asbestos. In fact, plaintiff contended that he may have overseen projects involving the removal of asbestos-containing insulation or gaskets.
- Plaintiff remained in the mill superintendent position until 1992 when he became the assistant to the mine manager. In this position, plaintiff was still required to visit the mill department where, up until the early 2000’s, PCS performed asbestos abatement and maintenance projects. Plaintiff stayed in that position until he retired from the company in 1995.
- In 2009, plaintiff was diagnosed with mesothelioma. He has undergone extensive medical treatment including a lung removal, radiation, and chemotherapy.
To find out more on the case, see Case No. COA-14-1516 – December 16, 2014.
ASBESTOS & MESOTHELIOMA
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- 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.
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