Roberts’ Work History Results in Mesothelioma Diagnosis

This section of the Opinion in PSI Energy v. Roberts details Roberts’ work history. Roberts was exposed to asbestos at his workplace, which led to his eventual diagnosis of mesothelioma.

In the late 1960’s and into the 1970’s, Roberts often worked at PSI’s Dresser generating station. According to Roberts, the asbestos insulation at Dresser was in very poor condition, torn up, and “raggy.” Id. at 2740.

In addition to exposure to asbestos as a result of his own work at PSI, Roberts was also exposed to asbestos as a result of the work of PSI employees and other PSI contractors. For example, the boiler was often damaged, making it necessary for PSI employees to remove and dispose of asbestos insulation that was damaged.

Numerous barrels of asbestos insulation were removed, causing asbestos dust. Roberts and others worked nearby without protective clothing, masks, or respirators. No one from PSI told Roberts to protect himself or ACandS to protect its employees from the airborne asbestos dust that the PSI employees were generating from their own work.

Roberts was also exposed to asbestos in 1973 when other PSI contractors were performing demolition work at the Dresser plant. The salvage crew allowed pipes covered in asbestos insulation to fall to the ground where the asbestos insulation “just literally exploded” and “flew off” of the pipes. Id. at 2748-2749.

While working at PSI’s Cayuga generating plant in the late 1960’s and early 1970’s, Roberts was also exposed to asbestos as the result of the activities of PSI’s own employees.

Specifically, Roberts was exposed to airborne asbestos fibers when PSI employees drilled holes in asbestos pipe covering, PSI’s traveling maintenance crew performed work at Cayuga, and PSI’s maintenance people ground gaskets and otherwise caused asbestos materials to break apart while working over his head.

Moreover, it was common at PSI to have asbestos insulation materials lying around on the floor until a PSI employee cleaned them up. While the insulation was lying on the floor, it was broken up and spread to lower floors through the vast areas of grating, which acted like a “cheese grater.” Id. at 2783-2784.

This type of exposure occurred “quite frequently” when Roberts was working at PSI’s Cayuga plant. Id. at 2784-2785.

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

Other helpful links:

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