Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

A story published last week in the Daily Press, which serves Newport News, Virginia, reports a new approach to litigation on behalf of mesothelioma victims injured by asbestos exposure on the job. The story involves Stanley Morton, who worked in the shipyard for 33 years as an electrician. He contracted mesothelioma in 2005 after being exposed to asbestos fibers throughout his career, and died at age 72 in 2007. His family sought compensation from Exxon (now Exxon-Mobil) – the company that owned some of the ships Morton worked on – instead of any parts suppliers, a groundbreaking departure from the usual path for such suits.

A jury hearing the case was asked to award Mr. Morton’s family $10 million in damages against Exxon, because the company knew the risks of asbestos in its ships but did nothing to warn workers of the danger, according to the news story.

Attorneys for Exxon argued the asbestos could have come from any number of vessels or other sources, not just the Exxon-owned craft. They pointed out Morton worked on many types of ships, including Navy ships and cargo ships.

According to the news report, Exxon said it did not know of the dangers of asbestos on it ships until the late 1970s, but Morton’s lawyers alleged Exxon knew about the dangers of asbestos as early as 1937 and cited a 1964 letter from Exxon in which a company official warns that asbestos may be dangerous even to those who do not work in direct contact with the substance.

On Tuesday, the Newport News Circuit Court jury sided with Exxon-Mobil. According to the Daily Press, jurors felt the shipyard should be held responsible for Mr. Morton’s illness. However, the shipyard is protected by worker’s compensation immunity.

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