Gliese Bergeron once worked as a pipe fitter. As a result of his work, he was exposed to asbestos and inhaled asbestos fibers. He developed an asbestos-related disease, sued, and received financial compensation. Now he says he’s developed a second asbestos-related disease and has filed a second lawsuit, hoping to receive additional compensation.

Bergeron’s lawsuit was filed by his attorney on July 17 in Jefferson County District Court and names a total of nineteen defendants, including the A.O. Smith Corp, the CBS Corporation, and Zurn Industries.

According to the petition, the A.O. Smith Corp and the eighteen other defendant companies knowingly and maliciously produced and sold asbestos-containing products.

While the suit does not say where and when Bergeron worked as a pipe-fitter and was exposed to asbestos, is does say that his work as a pipe-fitter and maintenance planner “caused him to suffer from…industrial dust diseases caused by breathing the asbestos-containing products.”

In addition the suit claims that the defendant companies were negligent due to their failure to test their asbestos-containing products before releasing them on the market, and also for failing to warn consumers of the dangers of working with and around asbestos without adequate protection from exposure.

Specifically, the complaint says that American Optical Corp and the Minnesota Mining and Manufacturing Corporation (3M) are at fault for their production of defective masks that did not provide protection against asbestos inhalation.

Bergeron has already sued and been compensated for having developed an asbestos-related disease, but the suit says that he “seeks damages against defendants not released in the previous actions pursuant to Pustejovsky v. Rapid-American Corp.”

The Pustejovsky v. Rapid-American Corp decision referred to in the complaint was an opinion granted by the Texas Supreme Court in 2000. In this the court decided that a person who successfully sues for compensation for the development of an asbestos-related disease may sue a second time if he subsequently develops another disease.

This decision overturned a long history of cases which had decided victims could only sue once for asbestos-related injuries, even if they developed a second asbestos-related disease at a later date. This can occur when, for example, a person first develops asbestosis and then later is diagnosed with mesothelioma.

Gliese Bergeron is suing for exemplary damages as well as compensation for mental and physical pain and suffering, physical impairment, lost income, lost earning capacity, and medical expenses.

This entry was posted on Thursday, July 24th, 2008 at 3:41 pm and is filed under Asbestos Litigation, Minnesota. You can follow any responses to this entry through the RSS feed. Responses are currently closed, but you trackback from your own site.