Mesothelioma cancer victim awarded $18.6 million verdict against Goodyear

by Eric Pearson

Carl Rogers, a native of Tyler, Texas, was diagnosed with mesothelioma cancer in August 2008. Rogers was employed by the Kelly-Springfield Tire Co. for 30 years. Kelly-Springfield is a subsidiary of Goodyear. Through his work as a tire builder, Rogers was regularly exposed to asbestos while working with machines at the plant. Over the years, he was also exposed to asbestos-wrapped piping while maintenance work was happening around the plant.

Mesothelioma is the most deadly illness linked to asbestos exposure. It is a type of cancer which affects the mesothelium, a thin membrane that surrounds the body’s internal organs. The most common form of the disease, pleural mesothelioma, affects the lining that surrounds the lungs.

Mesothelioma has an extremely high mortality rate. Only about 10% of mesothelioma patients are alive five years after being diagnosed. Rogers died about a year after his diagnosis, in September 2009.

In 2010, a wrongful death lawsuit was filed alleging that Goodyear was negligent and grossly negligent when it came to protecting workers from asbestos exposure. The suit alleged that the company ignored asbestos standards established in 1972 by the Occupational Safety and Health Administration. Levels of asbestos inside the plant were allegedly between 10 and 100 times greater than those outside the facility. Additionally, at least three other former employees of the plant have also been diagnosed with mesothelioma.

A Dallas County jury has found Goodyear grossly negligent for allowing Rogers’ continued exposure to asbestos. The jury’s verdict awards $2.7 million in non-economic damages, $900,000 in economic damages, and $15 million in punitive damages. Prior to trial, the parties agreed to an amount of past medical bills, which will be added to the final judgment.

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If you or a loved one have been diagnosed with mesothelioma, asbestosis, or other illnesses caused by exposure to asbestos, you have legal rights. Contact the lawyers at Heygood, Orr & Pearson for a free consultation about your case by calling toll-free at 1-877-446-9001 or by following the link to our free case evaluation form located on this website.

by Eric Pearson

Eric Pearson is a licensed attorney and a partner at HO&P who handles commercial and personal injury lawsuits. Eric has been selected to the Super Lawyers List, a Thomson Reuters publication.