02/27/2008 - National Legal News

A South East Texas jury is hearing testimony this week in a case brought against DuPont by the family members of a man who allegedly died as a result of being exposed to asbestos while working for the DuPont Company.

Willis Whisnat was employed as a pipefitter at DuPont’s Sabine Works Facility in Beaumont, Texas, in 1966, during which time he was allegedly exposed to significant amounts of asbestos. He died in the late 1990s from mesothelioma, a condition that produced cancerous growths in his chest.

Following Whisnat’s death, his family joined an ongoing class-action lawsuit against DuPont. In the lawsuit, the family claims that DuPont was aware of the dangers of asbestos yet allowed employees to be exposed the dangerous material nevertheless. The lawsuit states that the plaintiffs will not seek damages exceeding $4.1 billion, excluding court costs, though an attorney for the plantiffs has said he will not ask the jury to award such a large verdict.

DuPont argues that the company was only a consumer of asbestos, not a distributor, and thus is not responsible for any injuries suffered by its employees. Additionally, the company states that Whisnat was independently contracted, which meant that his employer was responsible for his health and well-being. Though Whisnat’s family claims that DuPont was negligent in its actions, DuPont says that the company took steps to protect its workers from asbestos before relevant OSHA mandates went into effect in 1972.

The trial is expected to last until March.