One of the first steps in filing a mesothelioma lawsuit is identifying all the companies that exposed the victim to asbestos. In cases of workplace exposure, dozens of companies can be involved, and defendants often blame each other instead of accepting responsibility. In a recent case, Westinghouse Electric Corporation asked to be dropped from litigation, arguing that the company they supplied asbestos-contaminated materials to was a “sophisticated user” and required no warning of the dangers it posed. Both their co-defendant and the victim opposed this action, and the judge hearing the case denied Westinghouse’s request.
Westinghouse Asks to Be Dismissed from Mesothelioma Claim
Ted Matherne filed a mesothelioma lawsuit accusing several companies, including Westinghouse and Hopeman Brothers, of negligently causing his wife’s mesothelioma. He had worked at Avondale Shipyards and worked with asbestos-contaminated products, and the asbestos sickened his wife over years of laundering his clothes. Westinghouse supplied an asbestos-contaminated product called Micarta to Hopeman Brothers, which supplied the product to the shipyard.
Though Westinghouse did not argue against Micarta’s role in Mrs. Matherne’s mesothelioma, they asserted that they should be dismissed from the claim because Hopeman was a sophisticated user and knew of asbestos’ dangers. They pointed to a memo that had been written by a former Hopeman executive suggesting care in the use of the product. But Hopeman argued that Bertram Hopeman had been 23 years old at the time, was not totally aware of asbestos’ dangers, and that when the company had asked Johns-Manville about dangers from the wallboard component, their concerns were dismissed.
Judge Refuses to Dismiss Westinghouse from Mesothelioma Claim
In addition to Hopeman’s argument that they were not a sophisticated user, Mr. Matherne noted that Westinghouse would still have been responsible for warning the end user and that no such warning reached Mr. Matherne or his co-workers. The judge agreed, adding that the question of whether Hopeman was a sophisticated user was one to be decided by a jury. Westinghouse will remain as a defendant and the case will move forward.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.
