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This page features: 11 cited research articles

About Kentucky

Ranking in U.S. for mesothelioma & asbestosis deaths
25th
Mesothelioma Deaths
426
Asbestosis Deaths
56
Total Deaths
482

Court records show several Kentuckians filing asbestos-related lawsuits, some against in-state companies, others against national corporations.

Although Kentucky is home to well-known U.S. Army base Fort Campbell, built during the World War II era when asbestos products were prevalent, there is no evidence suggesting the base needs (or needed) asbestos abatement.

Occupational and Environmental Areas at Risk

Although there are no known naturally occurring asbestos deposits in Kentucky, mining metal works and construction industries exposed Kentucky residents to asbestos. Newport, Kentucky, received more than 170,000 tons of asbestos-contaminated vermiculite from Libby, Montana, over nearly five decades before shipments ended in the mid-1990s.

Occupations considered high-risk in Kentucky:

  • Construction workers
  • Plumbers
  • Rail yard workers
  • Miners
  • Railroad workers
  • Sheet metal workers

Jobsites with known asbestos exposure:

  • Alcoa Aluminum
  • Ashland Oil
  • Florida Tile
  • Illinois Central Railroad
  • Louisville Chemical Plant
  • Queen Products Company
  • Armco Steel
  • DuPont
  • Fort Campbell
  • Louisa Power (Big Sandy Power)
  • Metal Works
  • Reynolds Aluminum

Treatment Centers near Kentucky

Melvin and Bren Simon Cancer Center
Vanderbilt-Ingram Cancer Center

Vanderbilt-Ingram Cancer Center

2220 Pierce Avenue, Nashville, TN 37232

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Winship Cancer Institute - Emory

Winship Cancer Institute of Emory University

1365C Clifton Road, Atlanta, GA 30322

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Clevland Clinic

Cleveland Clinic Cancer Institute

2049 East 100th Street, Cleveland, OH 44195

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Allegheny General Hospital

Allegheny General Hospital

320 E. North Ave., Pittsburgh, PA 15212

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UPMC Hillman Cancer Center

UPMC Hillman Cancer Center

5115 Centre Ave Pittsburgh, PA 15232

More Information

Danville and Asbestos

The small city of Danville, Kentucky, has dealt with more than its share of asbestos issues. In early 2006, survey crews discovered asbestos in floor tile adhesive in a grocery store scheduled for demolition. That discovery required the city to spend $10,000 to abate the store. Two years later, asbestos was found in the city hall boiler room. The city paid nearly $15,000 to have the asbestos removed.

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Georgetown College and Asbestos

In January 2011, students living at Knight Hall at Georgetown College in Georgetown, Kentucky, returned to school to find a steam pipe leaking inside a hard ceiling. Dean of Students Todd Gambill later confirmed the ceiling contained asbestos materials and arranged for abatement. The school did not order Knight Hall evacuated.

Asbestos Litigation

Kentucky’s courts have a history of ruling in favor of asbestos manufacturers, and the state’s laws tend to favor corporate defendants. For example, residents of Kentucky have a one-year statute of limitations to file a personal injury lawsuit, which means a person must file suit no later than a year after the injury occurred. Most states allow two years.

When it comes to asbestos-related disease, Kentucky residents have one year to file suit from the day they were officially diagnosed with a disease like mesothelioma or asbestosis. While many asbestos lawsuits in Kentucky are settled out of court, few make it to trial. The ones that do go to trial tend to end in favor of defendants, though this isn’t always the case.

Some Kentucky residents may have other options regarding where their case could be tried in court. The legal doctrine known as “removal of jurisdiction” allows for a lawsuit to be moved from a state court to that state’s federal district court. This action can help plaintiffs have their case tried in a jurisdiction that doesn’t favor defendants as often as Kentucky.

  • Franklin v. R.T. Vanderbilt Company, Inc.: Flora Franklin was diagnosed with mesothelioma in June 2004 and several months later, she and her husband filed suit against several asbestos product manufacturers claiming her cancer was caused by exposure to their products. A three-week trial was held against the remaining defendants, Vanderbilt, General Motors, Ford Motor and Pneumo Abex. During the trial, General Motors and Pneumo Abex decided to settle with Franklin out of court. The Kentucky jury allocated 70 percent fault to Vanderbilt and awarded $5,200,000 in damages and $450,000 in punitive damages to Franklin.
  • Irwin v. General Motors Corp., et al.: Mary Katherine Irwin, a 70-year-old Kentucky woman, developed mesothelioma and filed suit against several asbestos manufacturers, including General Motors and Georgia-Pacific. In the suit, Irwin claimed her mesothelioma was caused in part by asbestos fibers brought home on her husband’s clothing when he used an asbestos-containing joint compound allegedly made by Georgia-Pacific. Defendant Georgia-Pacific claimed they didn’t make the joint compound used by Irwin’s husband. The Kentucky jury ruled in favor of Georgia-Pacific.
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$32 Million Asbestos Verdict for Kentucky Resident

Kentucky resident Ronald Dummitt gained a $32 million judgment against a valve manufacturer after he proved he was exposed to asbestos while serving 18 years in the U.S. Navy. Dummitt, from Grayson, Kentucky, served on seven Navy vessels from 1960 to 1977, eventually becoming a Master Chief Petty Officer. While in the service, Dummitt was a boiler tender and replaced parts on ship boilers. Many of the parts, including gaskets and lagging pads, contained asbestos.

Dummitt developed pleural mesothelioma and filed suit against Crane Co., which made valves, and Elliott Turbomachinery Co., Inc., which manufactured de-aerating feed tanks, and the case was tried in the state of New York. The jury awarded Dummitt $16 million for past pain and suffering and an additional $16 million for future pain and suffering. Crane was deemed to have 99 percent liability, Elliot Turbomachinery 1 percent.

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Last Modified October 25, 2018

Writer

Matt Mauney is an award-winning journalist with nearly a decade of professional writing experience. He joined Asbestos.com in 2016, and he spends much of his time reading, analyzing and reporting on mesothelioma research articles to ensure people in the mesothelioma community know the latest medical advancements. Prior to joining Asbestos.com, Matt was a reporter at the Orlando Sentinel. Matt also edits some of the pages on the website. He also holds a certificate in health writing from the Centers for Disease Control and Prevention.

Walter Pacheco, Managing Editor at Asbestos.com
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13 Cited Article Sources

  1. Bruggers, J. (2011, August 8).Moms press for better toxics law. Retrieved from: http://blogs.courier-journal.com/watchdogearth/2011/08/08/moms-press-for-better-toxics-law/
  2. Centers for Disease Control and Prevention, National Center for Health Statistics. (2015, January). Underlying Cause of Death 1999-2013 on CDC WONDER Online Database. Retrieved from: http://wonder.cdc.gov/ucd-icd10.html
  3. Claims Processing Facility, Inc. (n.a.). Raytech Asbestos Personal Injury Settlement Trust. Retrieved from: http://www.cpf-inc.com/trusts/raytech-trust/
  4. Cox, C. (2009, January 8). Asbestos found in city hall building. : Retrieved from: http://articles.centralkynews.com/2009-01-08/news/24853073_1_asbestos-removal-firm-city-hall-osha-complaint
  5. E.I. du Pont de Nemours and Company. (2012, May 24).Louisville Works Contracted Services. Retrieved from: http://pdfoiocy.org/k-5257100.html
  6. EWG Action Fund. (n.a.). Asbestos shipments received in Kentucky. Retrieved from: http://www.ewg.org/asbestos/maps/shipment_data.php?stab=KY
  7. Harris Martin Publishing. (2007, March 22). Jury finds for Georgia-Pacific, supplier in take-home meso case. Retrieved from: http://harrismartin.com/article/8262/jury-finds-for-georgia-pacific-supplier-in-take-home-meso-case/
  8. Jury Verdict Review Publications. Jury Verdict and Review and Analysis. Volume 28, Issue 9. (2011, September). Retrieved from: http://www.jvra.com/sample_edition/NewYork.pdf
  9. Kentucky Division for Air Quality. (1998, May 7). Kentucky asbestos accreditation program. Retrieved from: http://air.ky.gov/SiteCollectionDocuments/KentuckyAsbestosAccrediationProgram.pdf
  10. Maples, L. (2006, January 24). Asbestos found at former Dannville Save-A-Lot. Retrieved from: http://articles.centralkynews.com/2006-01-24/news/24880711_1_asbestos-parking-lot-demolition
  11. Martin v. Cincinnati Gas and Electric Company, General Motors Corporation, General Electric Company. (2009). Retrieved from: http://www.ca6.uscourts.gov/opinions.pdf/09a0134p-06.pdf
  12. McComas, J. (2011, August 22). Kentucky Navy veteran awarded $32M in asbestos case. Retrieved from: http://www.wsaz.com/news/headlines/128180818.html
  13. R.T. Vanderbilt Company, Inc. v. Franklin. (2009). Retrieved from: http://162.114.92.72/COA/2007-CA-002103.pdf
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