After her husband Richard died of malignant mesothelioma, Sharon Bell filed a personal injury lawsuit in the Southern District of Illinois, listing multiple companies that she blamed for having exposed him to asbestos. Honeywell was among the companies she named, though they were added to the list of defendants later in the process. The company filed a motion for summary judgment on multiple grounds, asking to be removed from the case, but the judge hearing the case denied each of their arguments.
Honeywell Calls Mesothelioma Widow’s Testimony Hearsay
In her mesothelioma claim, Mrs. Bell recounted the many times that her late husband had changed brakes for family members between 1964 and the late 1970s. Her argument for Honeywell’s inclusion in her lawsuit pointed to the asbestos dust in Honeywell’s Bendix automotive brakes and the asbestos-contaminated air he breathed in while replacing old brakes with new ones. She said that the asbestos in the company’s brake lining had been a substantial factor in his illness and subsequent death.
Honeywell argued that the mesothelioma widow’s claim against them should be dismissed for several reasons. They asserted that her testimony against them was hearsay, and inadmissible based on the fact that it had been taken before they had been added to the case. They also asserted that there was no evidence that Mr. Bell’s illness had been caused by exposure to asbestos in their products.
Judge Denies Honeywell’s Petition to be Removed from Mesothelioma Claim
After considering arguments from both sides, District Judge Staci Yandle denied Honeywell’s request to be dismissed from the claim. She rejected their argument that Mrs. Bell’s testimony was hearsay, clarifying the definition of the term, and also correcting the company’s interpretation of the deadlines for when depositions can be taken.
Regarding Honeywell’s argument that there was no proof that their products had played a role in Mr. Bell’s illness, the judge referenced previous rulings regarding “every exposure” to asbestos in mesothelioma claims. She assessed that the evidence provided by Mrs. Bell was sufficient to raise a question of fact for a jury to decide and the case was permitted to move forward for consideration by a jury.
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
