Basilio Gallo died of malignant mesothelioma after decades of working on board Carnival Corporation’s popular cruise vessels, and his widow and daughter are seeking justice against the company and 30 others that they say exposed him to asbestos. Their wrongful death lawsuit has seen many twists and turns, but this week a Florida federal judge rejected the company’s request for arbitration, allowing the family to seek justice in a Texas state courtroom.
Asbestos on Cruise Vessel Blamed for Man’s Mesothelioma
The mesothelioma victim worked onboard Carnival Corporation’s cruise line vessels for more than 30 years, between 1972 and 2008. That period, and particularly his earlier years of employment, corresponds to the time when ships were built making heavy use of asbestos for strength and insulation from sound, heat, and fire.
The significant use of asbestos in shipbuilding through most of the 20th century is the reason that so many Navy veterans have been diagnosed with mesothelioma and other asbestos-related diseases in the last twenty years. With asbestos being used to insulate floors and ceilings and boiler room and engine room equipment, as well as being used in a variety of pumps, valves, and gaskets, the carcinogenic material is nearly unavoidable for those living onboard the vessels.
Cruise Line Attempts to Avoid Mesothelioma Lawsuit by Forcing Arbitration
Carnival Corporation told a federal judge in Florida that the mesothelioma victim’s family should be required to participate in arbitration in their wrongful death suit rather than having their case heard in the Texas state court where they originally filed their claim against the cruise line and 30 other defendants. The company pointed to arbitration agreements that Mr. Gallo signed at the end of his employment as justification for its demand, while the family noted that his mesothelioma exposure occurred during years not covered by those agreements.
In denying the company’s request, the judge said that neither the mesothelioma victim’s representatives nor the company had provided enough information for the judge to determine whether Florida or Texas law would govern the interpretation of the agreements, and therefore made it impossible for her to be sure that federal jurisdiction would apply. As a result, she returned the case to where it was originally filed.
Speaking of the decision, the family’s representatives said, “Mr. Gallo served for decades aboard Carnival vessels, and the vast majority of his employment agreements contained no arbitration provisions. There is no evidence that he sustained any asbestos exposure on any of the very few voyages covered by an arbitration agreement. We are pleased that his family can now seek justice before a jury and we look forward to presenting their case in court.”
If you or someone you love has died of malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
