McGarvey, Allan M, ATY

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McGarvey, Allan M, ATY

Criminal Law

Wrongful Death
First, there was Les Skramstad, who was diagnosed with asbestos-related disease in his 50s, years after working at the W.R. Grace vermiculite mine in Libby as a young man. The statute of limitations prevented him from seeking benefits through Worker’s Comp, but the Montana Supreme court had recently held that civil tort suits could be brought against the employer in such circumstances. We knew he had a strong case when we uncovered old inspection documents from Montana’s Department of Public Health showing there was an enormous amount of dust in the air at the mine, and that the dust contained large amounts of toxic asbestos. We brought Les’s case to trial in 1997 and won. The publicity kicked off a domino of former W.R. Grace workers and families knocking on our door, including Gayla Benefield. Her mother, Margaret, suffered severe asbestos-related disease and eventually died. Her father had worked at the mine, and came home each night with dust on his clothes, unknowingly exposing his family to toxic asbestos. We took Gayla’s case and again succeeded in 1998 with wrongful death verdict. The next case was Jerry Finstead, who worked at W.R. Grace for a short time as a young man—long enough to contract asbestos-related disease. This jury again returned a verdict in favored Jerry, awarding both compensatory and punitive damages. By the late 1990s, after succeeding three times with juries against the company and settling other cases on the eve of trial, we began to wonder how many other ailing workers and families there were who deserved justice.

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Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Employee Benefits & Worker Compensation Attorneys, Personal Injury Law Attorneys, Real Estate Attorneys, Workers Compensation Assistance, Wrongful Death Attorneys

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Phone: (406) 752-5566

Address: 345 1st Ave E, Kalispell, MT 59901

Website: http://mcgarveylaw.com

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McGarvey, Allan M, ATY

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