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Wife of Exxon Mobile employee awarded secondary exposure damages

An appellate court recently ruled that Bonnie Anderson, a Berkeley Heights, New Jersey woman, was entitled to $7 million in damages from Exxon Mobile. The ruling is particularly important to ongoing asbestos litigation because of the way that Anderson contracted the disease. Anderson, whose husband’s employment with Exxon Mobile involved handling asbestos laden insulation, was exposed to the dangerous mineral when she washed her husband’s clothes.

In 2006 the state Supreme Court decided that those with secondary asbestos exposure, such as exposure to their spouse’s contaminated clothes, could pursue lawsuits against the companies they believed to be responsible. Anderson’s case represents the first time that a jury verdict within those specifications was upheld, according to her representation.

“If we had a picture under the definition ‘innocent victim,’ this would be it,” said her lawyer, “this is a tremendous precedent in terms of the families of workers.”

Kevin Allexon, Exxon Mobile Corp.’s spokesman, said that the company hadn’t decided whether they would attempt to appeal the decision to the state’s highest court.

“Whatever the end result is, I hope I’m alive to see it,” said Anderson about the ruling.

Once a self-titled “supermom,” Anderson worked as an electrician, a librarian and a dedicated mother and wife. Her battle with mesothelioma, which has included surgery, chemotherapy and radiotherapy, has left her with less energy but no less determination. She spends most of her time advocating mesothelioma awareness measures and participating in support groups for the disease from her home.

“For me, it’s not about the money, it’s about the disease,” says Anderson, “I’d give anything to get my life back.”

According to the court proceedings, Exxon held safety meetings and provided some safety equipments to its many employers. It did not, however, mention the danger of asbestos to its workers, and failed to provide respirators or masks to those working with the dangerous material. If inhaled, asbestos fibers can cause a variety of respiratory issues including lung cancer and mesothelioma, a terminal and aggressive cancer of the lung’s soft tissue lining.

“John never knew what kind of insulation it was,” the court proceedings recorded, “he worked in his own street clothes, which Bonnie always laundered. Standing near the washing machine, she would shake out as much dust as possible. She often complained about the dust in his clothes and hair.”

“It’s obviously a very positive ruling for injured people — particularly here in New Jersey where the we have the highest percentage of mesothelioma victims per capita,” said one attorney. “It reaffirms the duty of a property owner to provide a safe workplace.”

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