An Atlas Shingle Lawsuit

The Atlas Shingle lawsuit is a wrongful death case that was settled out of court. Thomas H. Schmitz was the victim in the case. He was the manager of a gas station and died in the gas station’s parking lot. His death became the catalyst for a long-simmering lawsuit in which his family claimed that he was responsible for his own demise.

According to the complaint, Schmitz was working on a Saturday morning when he was killed. The accident report said there was a blow to the back of the head and he died on the way to work. A week after his death his wife came home from work and told their son that her husband was not coming home that afternoon because he had a heart attack. When their son went to pick him up and brought news of his father’s death to his mother, the story changed dramatically.

The next morning, their attorney informed them that their claim was going to be filed in probate court. The next day, their attorney notified the insurance company of their claim. They were notified of their right to a preliminary hearing by the state of Utah within one month. The judge ordered a meeting between the two attorneys to discuss the case, to determine if the claim should move forward or whether to deny it.

During the meeting, the claimant’s attorney asked for a signature on an order to that the case be transferred to a court that deals with mesothelioma cases. His request was granted and the claim moved forward. On the second day of the meeting, the claimant’s attorney again asked for the signature on the order to transfer the case, stating that he believed there was sufficient evidence at hand to have the claim granted. Again, the judge denied his request. The judge stated that there was insufficient evidence to move forward with the claim.

The next month, the attorneys met once again, this time at court. Again, the request for a transfer was denied. Again, the plaintiff’s asbestos attorney requested a meeting at the court to discuss the case. Again, the request was denied.

After four more months, it was discovered that the claim was nothing more than a fraud. The fraudulent asbestos attorney had instructed his client to file a false lawsuit in hopes of obtaining a large judgment from the court. Needless to say, the judge found out about this and tossed the lawsuit.

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