New Jersey man files asbestos mass tort claim in Phila. courts

By Jon Campisi | Dec 14, 2011

A New Jersey man has filed an asbestos mass tort claim in Philadelphia’s Common Pleas Court, alleging his exposure to the fiber during his working career caused him to develop lung cancer.

Attorney George G. Tankard, III, of the Baltimore, Md. law firm of Waters & Kraus, LLP, filed the personal injury claim Dec. 12 on behalf of Michael C. Brindisi of Franklinville, N.J.

Named as defendants in the civil action are Valley Forge, Pa.-based Certainteed Corp., as well as Georgia-Pacific LLC and Union Carbide Corp., both of Harrisburg.

According to the lawsuit, which was filed as a short-form complaint in the master asbestos litigation, Brindisi, 83, was diagnosed on Oct. 5 of this year with malignant lung carcinoma, a disease that is causing him “ascertainable physical symptoms, impairment and disability.”

Brindisi claims that his exposure to asbestos-containing products during his working years led to the disease.

According to the complaint, Brindisi worked for McClusky & Co. as a member of Philadelphia Local 592 from 1953 to 1981, and as a laborer and cement mason for C.H. Schwertmen & Sons, Inc. from 1981 to 1988.

“Plaintiff believes and therefore avers that he was exposed to asbestos products, raw asbestos fibers and/or asbestos-containing component parts and/or products or machinery requiring or calling for the use of asbestos or asbestos-containing products manufactured, produced, sold, supplied, distributed and/or otherwise placed into the stream of commerce by the defendants,” the lawsuit states.

Brandisi demands judgment against the defendants in a sum in excess of $50,000 on each cause of action, exclusive of interest and costs, and a sum in excess of $50,000 in punitive damages.

A jury trial has been demanded.

The case number is 111201142.

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