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COA finds electrician can sue former employers for mesothelioma diagnosis

October 3, 2016 By Law Offices of Thomas J. Lamb, P.A.

The Indiana Court of Appeals held Wednesday that an electrician can sue his former employers for negligence and liability after he was exposed to asbestos.

Larry Myers worked as an electrician for Koontz-Wagner Electric from 1961 to 1980, serving as an independent contract for companies such as Bremen Casting and Mastic Home Exteriors Inc. During his time as an electrician, Myers was not trained or hired to handle asbestos, so he did not wear protective gear, which resulted in his 2014 diagnosis of malignant pleural mesothelioma as a result of asbestos exposure.

Myers subsequently filed a complaint against Bremen, Mastic and nearly 40 other companies, alleging that the defendants negligently hired Myers and were vicariously liable for his diagnosis as principals, and further liable as premises owners. The defendants knew or should have known about the dangers of asbestos, Myers claimed, and should have warned him of those dangers.


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