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September 04, 2013
Baton Rouge, Louisiana - Dow Chemical Company has announced that they plan to appeal a verdict that awarded $6 million last month to a Louisiana electrician who worked as a sub-contractor at the mega chemical company’s Plaquemine, Louisiana plant and became sick with mesothelioma cancer.
Dow is one of two remaining defendants in the case brought by Sidney Mabile, who alleged that he was exposed to asbestos fibers while working at the busy plant, which is the largest chemical facility in the state. Mabile’s trial lasted four weeks and was held at the 18th Judicial District Court for Iberville Parish and presided over by Judge Donald M. Fendlason. The jury in the case determined that Dow Chemical was “responsible under theories of negligence and unreasonably dangerous premises.”
The most convincing evidence against Dow came when Mabile’s attorney alleged that the company had acknowledged the fact that some portion of its workforce, including its contract employees, could be at risk for developing mesothelioma, an asbestos-caused cancer. Nevertheless, they continued the use of the toxic material, determining that it was more cost-effective to do so than to replace asbestos materials with something safer and more expensive.
This negligence on the part of Dow executives is not unusual. Similar facts have been uncovered about other companies involved in asbestos lawsuits. Unfortunately, employees got the proverbial short-end-of-the-stick, and many who were regularly exposed to asbestos fibers eventually developed illnesses like mesothelioma and asbestosis.
Dow, however, maintains that they were not responsible for Mabile’s illness and will fight to have the verdict reversed.
In a statement to the press, Dow said, “We believe the credible evidence introduced at trial demonstrated that Mr. Mabile’s disease was not caused by his work at Dow’s facility. Dow will now pursue its rights through post-trial motions and the appellate process, and will continue to vigorously defend all asbestos claims brought against the company.”
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