Willie Hollingsworth died of malignant mesothelioma after having been exposed to asbestos in a variety of products and work environments. His survivors filed a personal injury lawsuit against those they blamed for his illness and death, including McWane, Inc. on behalf of its unincorporated division Clow Valve Company. Though the company attempted to have the claim against them dismissed based on testimony from an expert witness, the judge hearing the case said that the company’s witness had failed to meet the requirements for dismissal.
Summary Judgment in Mesothelioma Claims Requires Proof That Claim Could Not Be True
When a mesothelioma victim files a claim against an asbestos company, they generally provide significant detail and testimony about their exposure to the defendant’s products. That is what Mr. Hollingsworth did, testifying before his death to having been exposed to Clow valves in the boiler room of his employer.
In response, Clow submitted an affidavit from their employee representative who asserted that a Clow valve could not have been in use at the time of Mr. Hollingsworth’s exposure. But the law requires more than a simple statement. In order to have a case dismissed, a defendant must offer proof that eliminates any questions of fact from the case.
Judge in Mesothelioma Claims Finds Asbestos Company’s Witness Testimony Insufficient
In his review of the testimony provided by Clow valve’s employee, the judge hearing the mesothelioma claim said that the eight-sentence statement was general and did not establish with certainty that a Clow valve could not have been the cause of Mr. Hollingsworth’s illness.
Based on the insufficiency of the affidavit and the strength of the mesothelioma victim’s statements about his exposure, the judge ruled that a reasonable juror could decide that asbestos exposure from a Clow valve was a contributing cause of his illness.
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.
