Family Wins Asbestos Case Against Trade Association
A New Haven, Connecticut family was awarded $2.4 million in damages for the death of their loved one, who was a tile setter and spent years exposed to asbestos from not only the tiles themselves but the mortar used in between them.
According to a report in the Connecticut Post, the family of long-time tile setter Hannibal “Scottie” Saldibar filed suit against the Tile Council of North America, an international trade association “dedicated to expanding the market for ceramic tile manufactured in North America.”
It is unusual that a suit be forged against a trade association; however, years ago, the association developed asbestos-containing mortar that was used by Saldibar and others for decades, leading to the development of asbestos-related diseases. Saldibar, who worked in the industry for 30 years, died of mesothelioma in January 2010, just nine months after being diagnosed with this asbestos-caused lung cancer.
It took the jury only 3 hours to deliberate and come back with a verdict in favor of the plaintiff, reports the article. The Superior Court jury awarded Saldibar’s family a sum of $1.6 million for pain and suffering and Judge Dale Radcliffe ordered that the Tile Council of North America pay another $800,000 in punitive damages.
“The jury made an informed decision based on the facts of the case,” said the plaintiff’s attorney. The Tile Council had no immediate comment.
Tile setters who were employed in the industry during the years prior to the end of the 1970s remain at high risk for developing diseases such as asbestosis, pleural mesothelioma, or other forms of cancer. For decades, many floor and ceiling tiles contained asbestos, added for durability and fire-proofing purposes. In addition, mortars and adhesives also contained the hazardous mineral, further increasing the probability of asbestos exposure for those in the industry.
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