Kinsman v. Unocal Asbestos case: Statement of Facts, Part 1 (Undisputed Facts)

Read the first section of the Statement of Facts in the Kinsman v. Unocal asbestos case, where the undisputed facts are discussed.

The following facts are not in dispute: “During the 1950’s, plaintiff Ray Kinsman worked on many occasions as a carpenter at defendant Unocal’s refinery in Wilmington, California. Kinsman was employed by Burke & Reynolds, an independent contractor Unocal hired to perform scaffolding work during periods of ‘shutdown’ and repair at the refinery.

Kinsman built and dismantled scaffolding used by other trades, including pipe fitters and insulators. This work exposed him to airborne asbestos, which was produced by other trades—particularly insulators—during their application and removal of asbestos-containing insulation from pipes and machinery.

Though Kinsman did not work directly with such insulation, the evidence showed he was exposed to asbestos dust. When insulators worked on scaffolding, asbestos-containing debris accumulated on the planks. Kinsman was exposed to this asbestos material when he cleared debris from the planks in dismantling used scaffolding.

“Years later, Kinsman developed mesothelioma. He sued scores of product manufacturers and distributors, as well as several premises owners. Ultimately, the case proceeded to a jury trial against Unocal, a ‘premises defendant,’ alone.

Courtesy of http://www.courtinfo.ca.gov/opinions/archive/S118561.PDF

Other helpful links:

Asbestos Asbestos
Asbestos and lung cancer Asbestos and lung cancer
Mesothelioma attorney Mesothelioma attorney
Mesothelioma LawyerMesothelioma lawyer
Asbestos attorney Asbestos attorney