PSI Energy v. Roberts: The Link Between Asbestos and Mesothelioma

This section of the Opinion discusses the link between asbestos exposure and the development of mesothelioma.

A link between asbestos exposure and mesothelioma was established as early as the 1940’s and 1950’s. Roberts received magazines from his asbestos workers’ union beginning in 1958. Articles in the magazines urged the use of safety equipment, and “green sheets” included with the magazines from 1969 through 1976 discussed asbestos-related health problems.

In the early 1960’s, Indiana adopted a construction safety code and an exposure limitation of 5 million particles per cubic foot of air (“mppcf”) for asbestos. In the early 1970’s, with the promulgation of the Occupational Safety and Health Act of 1970, the Occupational Safety and Health Administration (“OSHA”) adopted asbestos exposure limits.

However, Roberts testified that, early in his career, ACandS “didn’t furnish masks or anything, so we just covered our faces with handkerchiefs, if it was really bad, or we used our T-shirts.” Transcript at 2720. “[I]n the ‘70s sometime,” ACandS started supplying masks for the employees. Id. at 2901-2902.

However, Roberts testified that he did not learn the true dangers of asbestos until the 1980’s. He noticed that asbestos products were being phased out, but no one told him it was for safety reasons. The evidence presented at trial indicated that ACandS was aware of asbestos-related health problems in the early 1960s.

During Roberts’s employment as an insulator, he often worked at various generating stations owned by PSI, including the Dresser, Cayuga, Edwardsport, Noblesville, and Wabash River generating stations. In fact, Roberts testified that he “spent most of the ‘60s and ‘70s working in the powerhouse units.” Id. at 2808-2809; id. at 2901

(Roberts noted that he spent “probably 70 or more percent” of his time in the 1960’s and 1970’s at the PSI generating stations). All five of the generating stations contained asbestos insulation.

Courtesy of the Indiana Court of Appeals and the State of Indiana

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