Carpenter Allowed To Go Ahead With Lawsuit -- MesoLink.org -- 01-09-06

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A carpenter who used to work for an independent contractor has been told by a California Supreme Court that he can go ahead with his lawsuit against a landowner company for exposure to asbestos, which allegedly resulted in lung cancer.

The lawsuit is to be filed against Unocal Corp. and the plaintiff states that he was exposed to the deadly substance in the refinery when working for the contractor.

The court’s ruling was that in some cases the landowner can be held responsible for injuries sustained by someone working for an independent contractor if those injuries were sustained on the landowner’s property. The judge stated that if the landowner failed to bring to light any potential hazards then this could result in liability.

Ray Kinsman, the plaintiff, was employed to work at the refinery in the 1950s by a company that provided scaffolding. Unocal Corp. has tried to argue that there was no deception or fraudulent failure to disclose the facts involved, and that no dangers were hidden at the time.