It can be argued that some of the most heart-wrenching lawsuits involve mesothelioma patients who have been exposed to asbestos in the workplace. Exposure to asbestos can lead to asbestosis, mesothelioma and lung cancer. Many companies were aware of the risk of asbestos-exposure, but continued to use it without warning their employees or taking necessary precautions.
Unfortunately, the risk of exposure was not limited to workers as it was discovered that asbestos fibers could travel via a workers clothing. This is what happened in the case of Amanda Satterfield.
At the age of 25, Amanda Satterfield passed away due to mesothelioma which she had developed after being exposed to asbestos as an infant. Having been born prematurely, Amanda spent the first three months of her life in a hospital in Knoxville, Tennessee. Her father worked at Alcoas aluminum plant. He was exposed to asbestos at the plant and went to visit Amanda at the hospital while wearing clothing that carried asbestos fibers, exposing the newborn to the hazardous mineral.
Greg Coleman, the Satterfields attorney, was able to prove that not only was Alcoa aware of the high amount of asbestos fibers their employees were exposed to and the dangerous effects exposure would cause, but they were also aware that the amount of asbestos fibers on their employees clothes was very high.
The Tennessee Supreme Court decided the following:
Under Tennessee law, Alcoa has a duty to prevent foreseeable injury from an unreasonable risk of harm that it had itself createdIn light of the magnitude of the potential harm from exposure to asbestos and the means available to prevent or reduce this harm, we see no reason to prevent carpool members, baby sitters, or the domestic help from pursuing negligence claims against an employer should they develop mesothelioma after being repeatedly and regularly in close contact with an employees asbestos-contaminated work clothes over an extended period of time.
Amanda passed away before she was able to see justice for illness, but her family continued her lawsuit, suing Alcoa for $10 million in punitive damages and $10 million in compensatory damages. They reached a settlement in September 2009.
If you or a loved one has been diagnosed with mesothelioma, don't wait to learn about your legal rights. Your family could be eligible for compensation that can help ease your financial burden so you can focus on spending time together. We are here to help pursue justice for you. Contact Greg Coleman personally at (865)247-0080 or email greg@gregcolemanlaw.com.
