Document MM3E0Q00Ljn1nRYmVkyYxGOy
Astsstos-exposed worKsrs ['suing employer, 32 others
By RHONDA h. RU.NDLH
-On ANCELES--Tr-ny-one workers who discovered they
extv.rd :o
..\ week* into a building remodeling job are
sum. their employ,..- for both civil damages and workers eompen*a-
un*' Pacific Telephone Se Telegraph Co., which employs the workers,
and 22 asb-etjj makers are named in the civil lawsuit filed Aug. IT
in Los Angeles Superior Court. Each of the 31 plaintiffs is asking for
unspecified general damages and $1 million in punitive damages. The suit follows a recent string of California eases in which em
ployees have successfully broken through the exclusive remedy rule of workers compensation to sue their employers in state courts (Bf,
May HI. Since none of the plaintiffs currently has an asbestos-related dis-
eai--only fear of eventually developing it after exposure--the case aL appears to be a new thorn in the thicket of asbestos litigation.
The plamuffs were told following medical examinations that each
of them is `subject to developing the condition known as ashestosls it'd as a result thereof will require medical attention for the rest of
their lives." say court documents. Plaintiff attorney Lloyd Robinson cites a recent California case as
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a preceden' for legal action outside the workers compensation system when an employer's fraudulent and intentional concealment of a hazardous condition caused aggra vation of i disease.
The California Supreme Court ruled last year in an asbestos-re lated case agoinst Johns-Nlanvule
Products Corp. that a worker suf fering an industrial disease can sue bis employer for fraudulently con cealing the disease and its cause (Bf, July 28. 1980).
"Pacific Telephone 4c Telegraph Co. intentionally failed to reveal itr icaowledge of said (asbestos) risa. and consciously and actively con cealed and suppressed said knowl edge from its employees," the lawu--t contends.
Pacific Telephone had no prior knowledge of hazardous condi tions, counters a company spokes man.
As soon as Che possible presence of asbestos fibers was brought to the company's attention, work stopped and air samples were sent to an environmental laboratory for analysis, he said.
Subsequent on-site testing con
ducted by the telephone company found that asbestos levels did not exceed safe levels set by the Occu pational Safety and Health Agency, the spokesman added.
The other defendants, who are >wtne manufacturers or distribu
tors. are charged with conscious disregard for the safety of product users.
They had specific prior knowl
edge that there was a high risk of injury resulting from exposure to asbestos but did not try to protect or
warn users of the danger, says '-he suit.
PLAINTIFF'S EXHIBIT att-iio
All nf the 31 plaintiffs have flirt
work--.-.'irapenatipn cases as weii avcivil >-.tu confirmed Pacific Tel
ephone. tile first case will be heard
blore the Workers Compensation Appeals U-iard in January and is
expected u, set a strong precedent
forthe others. The exposure occurred over a
six-week period from May through
June 1980 in a 30-year-old building
where Pacific Telephone was re modeling a switching office. Large
cables containing telephone wiring that were lodged between two
floors had to be tom out
An asbestos product was used to
insulate the cables between the
floors and workers had to dig it out to dislodge the telephone cables. No
breathing apparatuses or other
safety equipment were used. "None of Che employees knew
what the stuff was until two em
ployees of Western Electric saw
what was going on and told them,"
Mr. Robinson said. Before that time
workers were not aware that expo
sure to asbestos presented any
risks. Asbestos makers and distributors
named in the suit include: JohnsManviile Corp.. Fibreboard Paper
Products Corp., Owens-Coming
Corp- GAP Corp., Combustion En
gineering Inc- The Cdotex Corp,
Unarco Industries Inc., Ray&estos-
Manhattan Inc. Also, Standard Asbestos Manu
facturing 4c Insulation Co., The
Flintkote Co.. Armstrong Cork Co.
J_P, Stevens Inc- Thiupe Lnsulauon
Inc., Crown Cork 4c Seal, Sepco
Corp.. Nicolet Industries, Amau-x. Claremont Inc., Eastern Refrac
tories, H.R. Porter Co- Pittsburgh
Coming Corp. Also, Rock Wool Manuiacrur.r.g
Co. Lnc., Atlas Asbestos Co, Eagie-
picher Indusffies Lnc, 48 Insulauor.
Corp, Aeands Inc, Munder Corn
Inc, Rubenod Co, Keesby ic Man-
hatUson Co, Phillip Carey Manu
facturing Co. and Pabeo.
LLA 001173