Mesothelioma News

The law office of Hissey Kientz, LLP and its team of experienced mesothelioma lawyers announced today that it will continue to fight for the rights of household mesothelioma victims in light of a decision by the 14th Court of Appeals, which determined that the ExxonMobil Corporation could not have foreseen the harm of take-home asbestos exposure, and as a result, had no duty to inform an employee or his family of the risk (case no. 14-04-01133-CV).

If this opinion is allowed to stand, Texas corporations can ignore safety standards with impunity, willful ignorance will be rewarded, and responsible employers will be at a competitive disadvantage against those who would prefer profits over safety
The wife of a lifetime machinist for ExxonMobil was diagnosed with pleural mesothelioma in April 2003. This deadly form of cancer attacks the lungs and can only be caused by exposure to asbestos, a fiber commonly used as insulation and in structural components in buildings.

While performing his duties at a Baytown, Texas refinery from 1942 to 1972, the ExxonMobil employee was exposed to asbestos and unknowingly brought the fibers home on his work clothes, causing his wife to develop mesothelioma cancer after she laundered the asbestos-laden clothes for years.

Troy Chandler, one of the mesothelioma lawyers and a partner at Hissey Kientz, LLP, successfully represented the client in a mesothelioma lawsuit against ExxonMobil in May 2004. A jury found that the company acted with negligence and malice after the jury was shown evidence that ExxonMobil knew of the dangers of asbestos exposure but failed to inform and protect its employees (trial court cause no. 03CV0588).

In the case, Chandler proved that ExxonMobil knew as early as 1937 that the invisible dust fibers could be hazardous but did not act accordingly. The jury awarded the plaintiff with $1.98 million in compensatory and actual damages.

However, the decision was reversed on August 1, 2006, when the 14th Court of Appeals ruled in favor of ExxonMobil.

Chandler, counsel in the trial case, believes that the decision to reverse the damages awarded to the mesothelioma victim demonstrates the court's use of a subjective analysis.

"If this opinion is allowed to stand, Texas corporations can ignore safety standards with impunity, willful ignorance will be rewarded, and responsible employers will be at a competitive disadvantage against those who would prefer profits over safety," said Chandler.

A reconsideration of this ruling has been filed and appeals are still pending.

Hissey Kientz, LLP will not stop representing those injured by take-home asbestos exposure in spite of the court's ruling.

About Hissey Kientz, LLP
Hissey Kientz, LLP is currently handling cases involving people affected by Mesothelioma, Zyprexa, Fosamax, the Ortho Evra patch, Ketek, Vioxx, heart devices, hormone replacement therapy and other defective drugs. To learn more about the firm and other drug cases, visit Hissey Kientz, LLP (www.hkllp.com) or call (866) 275-4454.

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