'Secondary' asbestos exposure case filed against sewerage and water board and others

Kyle Barnett Mar. 14, 2012, 6:00am

NEW ORLEANS – A Mississippi couple is suing a municipal entity and 18 others in an asbestos case.

Dale and Curtis Toncrey filed suit on Feb. 28 in Orleans Parish Civil District Court against the Sewerage and Water Board of New Orleans and 18 others.

Dale Toncrey claims she contracted mesothelioma after being exposed to asbestos over the course of 19 years by her father who was employed as a pipefitter at Johns Manville and for approximately 33 years by her husband who was employed at various sewerage and water sites where asbestos products were used.

The plaintiff claims she was first exposed to asbestos when her father cut asbestos pipe and brought the dust home with him in his clothing.

The plaintiff also alleges she was secondarily exposed to asbestos in her own home over the course of her husband's work with the sewerage and water board where he was charged with cleaning up asbestos debris and subsequently came home covered in asbestos dust.

The defendants are accused of not providing necessary protection to employees not providing proper ventilation in the work area, not providing necessary showers and special clothing, not warning contractors and others of risks of bystander exposure to asbestos and failing to ensure asbestos materials in their care did not expose and cause injury to innocent bystanders.

An unspecified amount in damages is sought for pain and suffering, loss of benefits and loss of enjoyment of life.

The plaintiffs are being represented by Neil F. Nazareth of New Orleans-based Martzell and Bickford.

The case has been assigned to Division D Judge Lloyd J. Medley.

Case number 2012-01911

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