Family Sues Mining Company after Third Mesothelioma Death
By Daniel Hawn
Published on May 08, 2007
In August 2005, Donald Lozo died from the asbestos-related cancer mesothelioma. According to the lawsuit, Lozo's mother, Mary, and his sister, Catherine Lozo Gerber, also died of the disease. Mesothelioma is a rare type of cancer that affects approximately one in every 100,000 people.
The lawsuit states that Lozo's death “is a statistical improbability,” unless he was exposed to asbestos-tainted talc while working for the Carbola Talc Mine in Natural Bridge.
The mine shut down in the 1970s; Connecticut-based R.T. Vanderbilt Co. now owns its assets and liabilities.
Vanderbilt representatives were not aware of the lawsuit and would not comment. The company, however, has stood by its claims that its industrial talc does not contain asbestos and poses no cancer danger. Vanderbilt officials say the talc used by the company is not labeled as a carcinogen by the Mine Safety and Health Administration or the U.S. Occupational Safety and Health Administration.
The defendants named in the lawsuit – 76 in all – include local, national, and international businesses. They are accused of being negligent and careless in allowing Lozo and other employees to work in dangerous conditions, and for not warning them about the risks of talc exposure. The companies include Ford Motor Company, General Electric, Georgia Pacific Corporation, and Viacom.
The Lozo family is seeking the maximum allowable punitive and compensatory damages.
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