Worker contracts lung cancer, sues for asbestos exposure

By Galia Binder | Mar 13, 2014

NEW ORLEANS – A worker with lung cancer is suing numerous corporations for negligence, claiming he was exposed to large amounts of asbestos that caused him to contract cancer.

Dennis W. Mouser filed suit against A.O. Smith Corporation, AstenJohnson Inc., Borg-Warner Morse Tec Inc., Bryan Steam LLC, Buffalo pumps, Burnham LLC, CBS Corporation, Certain-Teed Corporation, Chevron Philips Chemical Company LP, Cleaver-Brooks, ConocoPhillips Company, Crane Company, Crown Cork & Seal USA Inc., DAP Products Inc., Dover Corporation, Eagle INC., Flowserve Corporation, FMC Corporation, Ford Motor Company, Foseco Inc., Foster Wheeler Corporation, Gardner Denver Inc., General Electric Company, Georgia-Pacific LLC, Goulds Pumps Inc., Honeywell International Inc., IMO Industries Inc., Ingersoll-Rand Corporation, John Crane Inc., Kelly Moore Paint Company Inc., Lawrence Pumps Inc., 3M Company, McCarty Corporation, Montello Inc., Nagle Pumps Inc., Oakfabco Inc., Peerless Pump Company Inc., Pentair Pump Group Inc., Riley Power Inc., Roper Pump Company, Sulzer Pumps (US) Inc., Taylor-Seidenbach Inc., Trane U.S. Inc., Tuthill Corporation, Union Carbide Corporation, Viking Pump Inc., Voith Paper Fabric & Roll Systems Inc., Warren Pumps LLC, Weir Minerals North America, Zurn Industries LLC, International Paper Company and ENSCO International Inc. in the Orleans Parish Civil District Court on Dec. 20, 2013.

The plaintiff claims he was required, while working with the International Paper Company and ENSCO International Inc., to handle asbestos containing products. Mouser asserts he has been diagnosed with lung cancer as a result of working with these products. Mouser claims these products were manufactured and distributed by the defendants, who had full knowledge of their danger and the fact that they contained asbestos.

Mouser accuses the defendants of negligence, failure to warn him of their danger, failing to provide safety information and equipment, failing to properly test and recall the equipment, failing to provide an alternative product, and contriving to deprive him of the opportunity to make safe choices by combating the public exposure of these products’ information. Mouser accuses the defendants of committing tort of assault and battery by knowingly and intentionally causing him harm.

Mouser is seeking unspecified damages for medical costs, lost earnings, mental and physical suffering and loss of quality of life.

The plaintiff is represented by attorney Frank J. Swarr of New Orleans.

The case has been assigned to Division I Judge Piper D. Griffin.

Case no. 2013-12169.

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