Note: Names have been changed to retain the anonymity of the entities/individual.
John was only 15 when his father, Henry Williams, died of mesothelioma leaving Hannah to raise him all by herself. Hannah, as a single mother, had to take up multiple jobs to make both ends meet. Due to financial difficulties, John had to take up work at the Troy Mining Company when he turned 18. Unaware of the asbestos exposure at work, John died twenty years later at an early age of 39, after developing peritoneal mesothelioma.
Hannah was devastated as she had lost everything. First she lost her husband at the age of 26, leaving her to be a single mother and then her only son dies at the age when she needed him most. The cause of John’s death being similar to her husband’s, made her even more depressed.
Tired and exhausted from financial miseries, Hannah approached John’s company to claim his insurance coverage. To her utter disappointment, the company refused to provide her with the funding; mentioning that they never had a contract with John to pay the insurance coverage to his legal heir(s) after his death.
When there seemed no other way to claim her right, Hannah decided to take the matters to Court. But for her, a step towards progression seems a leap towards set-backs. Her financial resources were scarce and the idea of affording a good attorney seemed impossible. Thus, Hannah went to seek help from the law department of a local social services agency.
The case went to trial in August 2000. During the trial, the defendants criticized John of being incompetent and effortless in his job and accused him of drinking excessive alcohol and smoking during work. They further mentioned that their work environment was asbestos safe and the workers who worked with asbestos related materials were given special protection that safeguarded them from asbestos exposure. However John opposed to wear the protective gear that left him vulnerable to asbestos.
“John neglected his duties and ignored the decorum of the work that caused him to suffer this horrible disease”, said Troy’s president, Jacques McLean. Hannah strongly condemned all of the accusations against John saying that he never mentioned anyone wearing protective clothing and had never drunk excessive alcohol.
“My son has never been a victim of alcohol abuse despite experiencing set-backs in his life.” said Hannah in her son’s defense, “He was a strong human being and most importantly he loved me. He would never do anything that would hurt me”. Furthermore, the defendant stated that nowhere in John’s contract was mentioned that his insurance policy’s amount was to be given to his legal heir(s) after his death and that was treated as dissolution of the insurance.
After listening to the trial, the judge and the jury gave the verdict in favor of the defendants on the basis of insufficient proof submitted by the applicant.
The “last hope” for Hannah diminished in front of her eyes with the judge’s unfair decision. The culprits of the depraved act were released to expose more people to the harmful aspects of asbestos, whereas, Hannah was left to suffer the poverty of life with nothing to survive. As part of her ongoing misery, Hannah committed suicide in 2002, marking another milestone in asbestos success. |
