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Asbestos Mesothelioma Lawyer

New Second Hand Mesothelioma Lawsuit Filed In Madison County

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Editor: M. Brandon Smith
Profession: Attorney at Law

December 30, 2006

By Brandon Smith

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Category: Mesothelioma Lawsuits

A retired Florida man recently filed a lawsuit in Madison County Circuit Court after being diagnosed with mesothelioma. The diagnosis was linked to years of exposure to asbestos products and fibers in his home and at various worksites. Louis Holzworth worked as a factory worker, warehouse foreman, and molder among others for a period in excess of 40 years. His wife Joan worked as an inspector with Amphenol Corporation and was believed to have brought home particles of asbestos dust on her work clothing that subsequently became airborne in the family home.

According to stclairrecord.com:

"Dust created by working with and around asbestos and asbestos-containing products would permeate the person and clothing of the plaintiff's family members," the complaint states. "This dust contained asbestos fiber."

"The plaintiff would be repeatedly exposed to this asbestos dust from his family member's person and clothing," the complaint states.

He claims he also was exposed to asbestos during non-occupational work projects including home and automotive repairs, maintenance and remodeling.

The complaint as filed named 111 defendant corporations that were believed to be liable for his contraction of the deadly cancer. As part of the damages sought, Holzworth is seeking both compensatory and punitive damages.

According to the complaint:

"It was foreseeable to a reasonable person/entity in the respective positions of defendants, that said documents and information constituted evidence, which was material to potential civil litigation-namely asbestos litigation,"

"An award of punitive damages is appropriate and necessary in order to punish defendants for their willful, wanton, intentional and/or reckless misconduct and to deter defendants and others from engaging in like misconduct in the future,"

The case which has been assigned to Circuit Judge Dan Stack marks yet another in a growing trend of potential second hand asbestos exposure that leads to someone's diagnosis of mesothelioma. As the case progresses, updates will be provided here that will track it progress and findings.

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