Asbestos Litigation Finger-Pointing in New Mexico

After several asbestos poisoning victims filed actions against the City of Albuquerque, lawyers for the city quickly blamed someone else for the problem.

Workers were exposed to asbestos while transforming the Gibson’s Health Hub into a new battered women’s shelter, according to court documents. Initially, the victims named the City as the defendant.

In December 2024, the city filed suit against Consolidated Builders of New Mexico, alleging they’re responsible for damages. In the lawsuit against the contractor, the city also asks to be removed from those lawsuits.

For many years, asbestos was deeply embedded in the supply chain. Any mining, manufacturing, or other company that handled the asbestos-laced product at any point in the supply chain could be legally responsible for damages, at least in many states.

Damages in a mesothelioma or other asbestos exposure illness matter usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Because asbestos is so dangerous and because asbestos providers concealed health risks for decades, substantial punitive damages may be available as well.

If a wayward baseball from a backyard game shatters a window, the responsible party could be the pitcher who threw the ball, the batter who hit it, or the fielder who missed the catch. Generally, parents unilaterally and harshly assign fault in these situations.

The law is a little different. If multiple parties may be responsible for injuries, the state’s joint and several liability laws, which vary significantly and are very complex, usually come into play.

In ye olden days, many states were “shoot first and ask questions later” states. An asbestos exposure lawyer could file a legal action against a possibly responsible party. Then, a judge could apportion liability among several parties or force one party to assume full responsibility.

Today, New Mexico and most other states are modified joint and several liability states. If an asbestos exposure lawyer files legal paperwork against the wrong party, the judge could rule that the responsibility threshold is too low and throw the matter out of court.

Modified joint and several liability laws significantly extend the pretrial investigation process. As one of our law school professors said, you only get one trip to the salad bar of justice, so you’d better make it count.

Joint and several liability laws, along with other complex legal doctrines, usually only affect civil claims. Other kinds of claims are largely unaffected. They include:

• Bankruptcy Victim Compensation Fund: In the 1980s, many asbestos providers declared bankruptcy so they wouldn’t have to face the music in court. Federal judges compelled these companies to establish large victim compensation funds. VCF claims are basically no-fault claims. No adverse lawyer challenges the victim’s evidence.
• Disability Claims: Most victims are entitled to workers’ compensation, VA disability, or Social Security Disability Insurance benefits. All three types of claims are similar in many respects. Applicants must prove they have a severe physical or other condition that makes it impossible for them to work. VA disability and workers’ comp applicants must establish a service or work-related connection.

Limited compensation is the major drawback to these claims. Bankruptcy VCF administrators commonly offer as little as thirty cents on the dollar to settle claims. Furthermore, the law bars noneconomic damages and punitive damages in most disability claims.

An asbestos exposure lawyer carefully lays out the pros and cons of each approach in language you can understand, so you can make the best possible choices.

Mesothelioma victims need and deserve significant compensation. For a confidential consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. The sooner you reach out to us, the sooner we start working for you.