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A man who worked as a pipe-fitter in a Louisiana oil refinery argued that the Shell Oil Company failed to properly advise him of the risk of exposure to asbestos, fibrous insulation material, which was used in the installation of the pipe and is seeking damages in recently filed asbestos cancer lawsuit.
Plaintiff Paul Coach says that he worked for more than 20 years from 1950 to 1975 at the Shell Oil Company in Louisiana. He was exposed to a great amount of asbestos due to his work fitting pipes and other aspects of his work. However, Shell should have been aware of the potential risks of mesothelioma that could be caused by asbestos exposure, the man alleges that he was not aware of any industry or scientific literature regarding his work.
The rationale for why Shell Oil is liable is because of the Louisiana code that states that every act whatever of man that causes damage to another obliges him to be responsible to repair it. In addition, other Louisiana state laws note that employers have a reasonable duty to provide adequate care and warning of potentially dangerous circumstances as well as ways for employees to make sure they do not have to face conditions that would lead to injuries such as asbestos lung cancer.
As a result of his 2014 diagnosis, Coach’s wife is also seeking damages on account of loss of consortium as her relationship with her husband will be permanently affected by the extreme pain and suffering caused by mesothelioma in the remaining years of his life and her need to take care of him.
Poche is not alone in suffering from asbestos lung cancer or mesothelioma as a result of conditions in his field of work. From the 1950s on, the people who were most likely to be exposed to the asbestos were miners, construction workers and mechanics as well as their family members. However, the onset of the disease can take decades.
The Asbestos Lung Cancer Lawsuit is Paul J. Poche, Jr., et al. v. Shell Oil Company, Case No. 14-cv-01448, in the U.S. District Court in the Eastern District of Louisiana.
In general, Asbestos Lung Cancer lawsuits are filed individually by each plaintiff and are not class actions.
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