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'Pustejovsky' decision cited in new suit

While Lola Thomas, the wife of a Texas refinery worker, already received a settlement for a non-malignant illness allegedly caused by her husband’s asbestos exposure, a new suit has been filed on her behalf after she died from mesothelioma, an asbestos-related malignancy.

Mickey's Magical Christmas: Snowed in at the House of Mouse movie The exposure of her husband “caused him to indirectly expose his wife, Lola Thomas, in which she suffered from asbestos-related diseases and other industrial dust diseases caused by breathing the asbestos-containing products,” the suit alleges. Mrs. Thomas could easily have breathed in asbestos fibers from her husband’s work clothing laden with asbestos dust.

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The plaintiff is now seeking damages pursuant to Pustejovsky v. Rapid-American Corp., the 2000 Texas Supreme Court ruling that a victim may file an additional suit for asbestos related cancer if he develops a second illness from the same cause at a later date.

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The 58 defendants in Clements’ suit include A.O. Smith Corp., A.W. Chesterton Co., American Optical Corp., Bechtel Corp., Westinghouse, Chevron, Exxon Mobil, Fluor Maintenance, Foster Wheeler, GE, Georgia Pacific, Ingersoll Rand, Kelly-Moore Paint, Lockheed Martin, 3M, Uniroyal Goodrich Tire Co., Union Carbide and Zurn Industries.

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