Plaintiffs Assert Entitlement to Non-Pecuniary Damages in Sandblaster Case

NEW ORLEANS - The family of a sandblaster who died from silicosis is urging the Fifth Circuit U.S. Court of Appeals to reverse a decision that precluded their recovery of non-pecuniary damages from two equipment manufacturers previously held liable for causing the plaintiff's injury. Scarborough v. Clemco Industries, Inc., et al., No. 03-30985 (5th Cir.).

In a brief filed Jan. 31, the surviving kin of William Scarborough argue that the federal court that disposed of their claims for wrongful death inappropriately applied the Jones Act to prevent them from seeking non-pecuniary damages from two non-employer defendants.

The underlying case has …