Archives

Date
Submitted by R. Neal on Tue, 09/09/2008 - 16:25.

We are informed by someone familiar with the case that the Tennessee Supreme Court has ruled in favor of the plaintiff in a multi-million dollar lawsuit against Alcoa.

The case involves the death of a Mr. Satterfield's daughter from mesothelioma, a highly lethal form of cancer that is almost exclusively caused by exposure to asbestos. The lawsuit alleges she contracted mesothelioma from exposure to asbestos fibers brought home on the work clothes of her father, an Alcoa employee, as a "direct result of negligent acts and omissions" by Alcoa and co-defendant Breeding Insulation.

The ruling upholds the Tennessee Court of Appeals reversal of Blount County Circuit Court Judge W. Dale Young's dismissal of the case. The appeals court had previously overturned Young's dismissal, reinstated the case, and ordered Alcoa to pay for the appeal. There is no word yet on what's next or whether the case will be remanded back to Blount County Circuit Court.

Developing...

UPDATE: We just spoke with attorney Greg Coleman who represents Doug Satterfield, the plaintiff in the case. He said it is a big victory, most importantly for Mr. Satterfield and the Satterfield family.

Mr. Coleman said the Tennessee Supreme Court ruled that Alcoa owes a duty to Amanda Satterfield, the late daughter of Doug Satterfield, regarding exposure to hazardous workplace materials (asbestos in this case).

In an unprecedented ruling that Mr. Coleman said "changes the law in Tennessee," the State Supreme Court also ruled that such duty also extends beyond the employee and immediate family members to anyone having "close and repeated contact." This would include, for example, a maid who routines does laundry contaminated with hazardous materials, or people exposed from riding in a car pool.

The ruling effectively expands the "class of persons" to include anyone with close and repeated contact. Mr. Coleman said it is the first case of its type in the state.

The court told Alcoa that there should be limits, but that Alcoa had to make a case as to why their duty does not extend to this class of persons.

With the State Supreme Court ruling, the case is remanded back to the Blount County Circuit Court and Judge W. Dale Young.

Attached is the full Tennessee Supreme Court ruling.

( categories: )

Submitted by R. Neal on Tue, 09/09/2008 - 11:51.

The deadline for registering to vote in the Nov. 4th election is October 6th.

The easiest way to register is:

1. Print out this form.
2. Fill it out.
3. Mail it in.

The above form works for any county in Tennessee. The county election commission offices, addresses, and phone numbers are listed on the back. It must be postmarked no later than 10/6/08.

If you have friends, family, co-workers, etc. who need to register, print out copies of the form for them, help them fill it out, and make sure they mail it in no later than October 6th.

You can also print out multiple copies of this form and use it for voter registration drives.

If you are outside Tennessee, this form works for any state in the U.S.

Here is a page with information for overseas and military voters.

Here is a comprehensive directory of all U.S. state and local election officials.

Here is the U.S. Election Assistance Commission Voter Information Center page.

REGISTER. VOTE. REGISTER OTHERS.

Help spread the word. Here is a zip archive of the netroots voter registration drive button, HTML to display this button on your website with a link to this page, and the HTML text of this page for posting on your own blog or web site. Post it, forward it, promote it.