Wichita federal court must hear Leavenworth inmate’s asbestos exposure lawsuit.
Wichita, KS (JusticeNewsFlash.com)–The 10th Circuit Court of Appeals in Denver reversed a Wichita federal court judges dismissal ruling in an asbestos exposure injury claim on Tuesday, as reported by the Associated Press (AP). The three judge panel reinstated Leavenworth inmate, Bryon Smith’s, asbestos exposure lawsuit. Asbestos fibers are a known carcinogen and can cause serious illness and even deaths when consumers are exposed to the toxic material. Mesothelioma is a common cancer cause by direct and secondary exposure to asbestos materials.
The lawyers representing, Smith, argued the federal prison inmate was knowingly exposed to harmful cancer-causing asbestos fibers, in 2003, while performing electrical work. Apparently, prison officials knew the closet Smith was installing an electrical fixture in contained asbestos materials. The prison had this information since 1994 after a survey by a consulting company found asbestos in the building.
Smith states he developed an asbestos related respiratory illness which presents with cough, shortness of breath, and throat trouble. The appellate court judges ruled the Wichita District Court judge erred by dismissing the case against prison officials. Smith’s legal team may pursue a case for compensation for his damages and injuries against a former Leavenworth Warden and seven other prison employees.
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