Gori Julian & Associates, P.C.
Get Your FREE Case Review 24 Hours A Day
888-362-6890
More than $2.5 Billion Recovered For Our Clients

Family loses appeal in California asbestos exposure case

Last year, surviving family members of a man who died from mesothelioma in 2011 were handed a defeat from the appeals court in another state. They had unsuccessfully argued that they had a cause of action for a wrongful death lawsuit against Ameron International Corp., the company based in Pasadena, California where their deceased relative worked for 24 years. They alleged his asbestos exposure came from manufacturing pipe products.

The deceased man was permitted by his employer to take home scrap pipe to use on home improvement projects, like patio repair and designing flower pots. The survivors allege that his exposure was not limited to on-the-job asbestos exposures, and thus not limited solely to settlements from workers compensation.

But the appellate court saw matters differently, siding with the company and stating the death was related to his job because his receipt of the scrap pipe was directly through his job with the company.

The three-judge panel with California's 2nd District Court of Appeal ruled unanimously to uphold the ruling from the lower court. They determined that the decedent's job with Ameron was the critical factor in the deadly asbestos exposure. The decision read, in part:

"It is undisputed that [his] exposure to asbestos in his employment with Ameron substantially contributed to his mesothelioma. Therefore, under the contributing cause standard applicable in workers' compensation law, his mesothelioma is covered by workers' compensation."

The court determined that the man's home exposure probably contributed to his condition with the workplace exposure. But it fell short of creating "a divisible, separate injury." Thus, his mesothelioma was fully covered under workers' compensation.

Source: Business Insurance, "Comp benefits only remedy for asbestos worker's survivors," Sheena Harrison, accessed April 08, 2016

No Comments

Leave a comment
Comment Information

Why Choose Gori Julian?

  1. Experience

    With over 100 years of combined legal experience, we guide our clients through the litigation process by addressing questions and concerns and about the outcome every step of the way. Read More

  2. Results

    The team at Gori Julian fights hard for clients, working to get the compensation and the settlement they deserve, obtaining over $2.5 billion in verdicts and settlements for our clients. Read More

  3. Team Approach

    We are more than just experienced attorneys: our team is also made up of highly trained paralegals and professionals specially trained to deal with the demands of these complex cases. Read More

  4. Faster Trial Dates

    We know that obtaining funds in a timely manner will help cover medical expenses. Gori Julian works quickly to recover funds and secure the earliest possible trial dates on our client's behalf. Read More

Watch Our Video

Watch More In Our Video Center >

Recognition

Super Lawyers Million Dollar Advocates Forum American Association for Justice
ABA - Defending Liberty - Purusing Justice Illinois State Bar Association

Fill Out Our Form Today To Get A Free Case Review.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Get a Free Case Review Today

Gori Julian News

Gori Julian & Associates and Global Brew Raise More Than $20,000 at Recent Oktoberfest Event

Read More >

In The Community

Gori Julian & Associates and Global Brew Raise More Than $20,000 at Recent Oktoberfest Event

More Community & Events >

Read Our White Paper

A Continuing Threat: How Deadly Legacy Of Asbestos Haunts Navy Veterans Today >
${site.data.firmName}

Edwardsville Office
156 North Main Street
Edwardsville, IL 62025
Map & Directions

Washington, DC Office
20 F Street NW, 7th Floor
Washington, DC 20001
Map & Directions

New Orleans Office
909 Poydras Street, Suite 2195
New Orleans, LA 70112
Map & Directions

Los Angeles Office
3848 Carson Street, Suite 103
Torrance, CA 90503
Map & Directions

St. Louis Office
1133 Pine Street
St. Louis, MO 63101
Map & Directions

New York Office
360 Lexington Avenue, 20th Floor
New York, NY 10017
Map & Directions

Orlando Office
37 N. Orange Ave., Suite 201
Orlando, FL 32801
Map & Directions

Get Your FREE Case Review 24 Hours A Day 888-362-6890
Close X

Contact Us For A Free Case Assessment

Back To Top