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Seattle-area appellate court rules employers must protect family members from work-related. asbestos hazards
“It should have been me,” Larry Rochon mumbles to himself as he looks out on another gray day in his single, second life as a 74-year-old.
Just over a year ago, Larry lost his wife, Adeline, to mesothelioma, 39 days shy of their 50th wedding anniversary, the Seattle Post-Intelligencer reported in its October editions.
Mesothelioma Death Was Long, Painful
Adeline’s chest pains were the first scare. Then breathing for her became a chore. When she could no longer stand the pain, Larry scheduled a CT scan at the hospital. That’s where a doctor diagnosed her cancer, saying it was inoperable.
Larry had worked in the factory of the Scott Paper Company in Everett. When he’d come home evenings, Adeline would shake his clothes before tossing them into the washer. Neither knew asbestos particles went flying into the air with each whip of a trouser leg, shirt or socks.
Adeline also worked for Scott but in accounts payable. On days when it didn’t rain, they’d walk down to the docks with bagged lunches to enjoy the watery blue view of the Tulalip Bay, an inlet off the Puget Sound. "I thought she was the best-looking girl I'd ever seen," said Larry. They would later have seven children together, including two sets of twins. When the children were grown, Larry and Adeline went dancing Fridays.
One daughter, Kathleen remembers visiting the oncologist for the first time. “He said it was definitely caused by asbestos,” she said. “There was no other way. We children were all angry."
The Rochons say they believe Scott, since bought by Kimberly-Clark, knew there was potential risk from asbestos and should have helped protect its employees. In March 2005, the Rochons filed a personal injury lawsuit against the paper company.
Appellate Court Makes Precedential Ruling
After the Snohomish County Superior Court dismissed the case -- ruling Scott wasn't responsible for protecting family members -- the Rochon's attorney appealed. In a precedent-setting ruling, an appeals court ruled an employer does have a duty to protect the employee's family from work-related hazards. Kimberly-Clark did not appeal, which means the lawsuit is scheduled for trial next year.
Larry said he never knew asbestos fibers from his clothing would eventually take the life of a loved one. "I knew nothing at that time," he said. "Every day is tough. I haven't adjusted. If it weren't for my kids, I don't know what I'd do."
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