Thaddeus Alpough worked as a supervisor, welder, and laborer when he came into contact with asbestos, which led to his illness years later.
Inhaling those fibers over the years resulted in his development of non-malignant asbestos-related disease which he previously filed suit for. In 2009 he filed another suit for a different disease caused by asbestos, which was malignant in that case.
Alpough said that he was able to sue on the grounds laid out by the 2000 Texas Supreme Court decision of Pustejovsky v. Rapid American Corp. That case allowed for a second suit to be filed should a second illness occur, even if both came from the same source of asbestos. Before then, no matter how many diseases a person got from asbestos exposure, he could only sue once.
Exposure to asbestos has been linked to many deadly ailments including lung cancer, mesothelioma, and non-malignant diseases such as asbestosis, which is a scarring of the lungs. Alpough did not specify in his suit the exact disease he suffered from being exposed to asbestos.
In the suit, Alpough claimed that the 31 defendants did not properly test their products for asbestos before putting them on the market. Those products, according to the suit, were defective and dangerous. Additionally, the dangers of exposure to asbestos were not adequately conveyed by the defendants. He also claimed that the respiratory mask he wore to protect his lungs contributed further to his exposure, but the specifics of that were not stated in the suit.
Alpough is seeking exemplary and actual damages for the physical and mental pain and suffering, wage loss, medical bills, physical impairment, and disfigurement incurred from his asbestos related disease.
The Beaumont-based law firm that represented Alpough was Bryan O. Blevins Jr. of Provost and Umphrey Law Firm, and the case was assigned to the 60th District Court under Judge Gary Sanderson.