A Los Angeles Superior Court judge has denied a request from a talc company seeking dismissal of a mesothelioma lawsuit filed against them. Though the company argued that the victim’s family had failed to submit adequate proof of their role in his death, the judge disagreed, pointing to specific testimony. The judge also refused to dismiss the plaintiff’s claim for punitive damages at this point.
Asbestos-Contaminated Talc Used in Putty Blamed for Man’s Mesothelioma
The original lawsuit was filed by Maria Gonzalez, seeking compensation for the damages suffered by her husband Roberto after his mesothelioma diagnosis and death. Mrs. Gonzalez named several companies as being responsible for having exposed him to asbestos, including Vanderbilt Mineral LLC, a supplier of industrial talc.
Vanderbilt Mineral asked that the mesothelioma claim against them be dismissed based on a failure to provide proof sufficient evidence that Gonzalez had been exposed to their product via talcum powder products or Durham Rock Hard putty. Though the family did not pursue the allegation regarding the talcum powder, they pointed to the putty product, noting repeated testimony that Gonzalez had used the product, and expert witness testimony that the product had contained asbestos, as had the defendant’s talc. The family also provided evidence that Vanderbilt was the exclusive supplier of that putty product.
Secondary Request for Dismissal Also Denied in Mesothelioma Claim
The company also requested that the punitive damages claim included in the lawsuit by the mesothelioma victim’s family be dismissed. Vanderbilt noted that the family had failed to provide clear and convincing evidence that the company had “intentionally [marketed] a defective product knowing that it might cause injury and death” or that it had taken action to protect its own employees, the standard required for punitive damages to be imposed.
Despite the company’s request, the judge refused to dismiss the charges at this point, noting that there is no requirement that the documents be presented at this point in the proceedings, especially because there is a chance that the company itself may have documents proving the facts asserted. Both pleas were denied and the case will proceed.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 for more information.
