Asbestos Cancer Victim Files Lawsuit Against 22 Defendants in Texas

September 24, 2009

A man from Galveston, Texas, was allegedly exposed to asbestos on the job, and it was that exposure that made him ill. Now, Mary Ann Sparkman has filed a lawsuit on behalf of that man, Jesse Frederick Cruz. Ms. Sparkman, who is a relative of Mr. Cruz, has filed the suit against 22 defendant companies. Mr. Cruz was formerly a laborer for Todd Shipyards Corp.

"Jesse Cruz was required to handle products containing asbestos and was exposed to other asbestos products present in the workplace," the original petition says. "While performing his normal duties, Jesse Cruz came into contact with the asbestos products manufactured, sold, designed, supplied, distributed, mined, milled, relabeled, resold, processed, applied, or installed by the asbestos defendants, which caused severe, permanent disabling and injuries to (Jesse) Cruz and the plaintiff."

Asbestos exposure is conclusively connected to the development of asbestosis, lung cancer and mesothelioma, a fatal form of cancer that is quite rare but always fatal. Individuals who have worked in certain occupations – construction workers, shipyard workers, and firefighters, for example – are considered to be at a heightened risk of developing an asbestos illness.

Ms. Sparkman has alleged that Mr. Cruz was never told of the hazards of working with asbestos, and his employers never explained how asbestos in the products he was working with could be dangerous. "Jesse Cruz reasonably and in good faith relied upon the false and fraudulent representations, omissions, and concealment made by the defendants regarding the nature of their asbestos-containing products and machinery requiring or calling for the use of asbestos and asbestos-containing products," court documents stated.

The large number of defendant companies is due in part to Sparkman’s belief that the companies were working “in cahoots” with each other."The actions of all defendants aided, abetted, encouraged, induced, or directed the negligent and/or intentional acts of each and every other defendant," the suit says.