Dallas Jury Sides With Mesothelioma Victim’s Family in $18.6 Million Verdict

A Dallas County jury has awarded $18.6 million to the family of Tyler native Carl Rogers, who succumbed to mesothelioma in September, 2009, after being diagnosed with the disease just thirteen months earlier. The total awarded to the victim’s family breaks down to $15 million in punitive damages, $2.7 million in non-economic damages, and $900,000 in economic damages.

Mr. Rogers was employed by the Kelly-Springfield Tire Co. – a subsidiary of Goodyear – for 30 years. As a tire builder, he was regularly exposed to asbestos while working with machines at the plant.

The decedent’s family’s representative claimed that Mr, Rogers’s employer ignored asbestos standards established in 1972 by the Occupational Safety and Health Administration.

According to the family’s representative, Goodyear admitted that the levels of asbestos inside the plant were between 10 and 100 times greater than those outside the facility. Unsurprisingly, three additional former employees of the Kelly-Springfield Tire Co. have also been diagnosed with mesothelioma, which has an extremely high mortality rate; approximately 10% of victims survive for five years after being diagnosed.

Despite the fact that asbestos was banned in the 1970s, there are approximately 3,000 mesothelioma diagnoses made each year. The disease has a lengthy latency period, and its symptoms mimic those of other illnesses, making it difficult for doctors to identify.

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