After a trial court dismissed his mesothelioma claim and that decision was upheld by an appellate court, Jeffrey Cockrum asked the highest court in Washington state to weigh in on his claim. At issue is whether an employer’s knowledge that exposure to asbestos causes illness provides an exception to the rules precluding personal injury claims against them.
Mesothelioma Victim Seeks Ability to Sue Former Employer
Mr. Cockrum was diagnosed with malignant mesothelioma in March 2022. He blames his illness on asbestos he was exposed to when he worked for Alcoa – now Howmet Aerospace, Inc. – between 1966 and 1969.
When Cockrum filed a personal injury lawsuit against his former employer, the trial court granted the company summary judgment, finding that his claim did not satisfy the deliberate intention exception that would have cleared the way for him. That exception allows personal injury claims by an employee for injuries from “the deliberate intention of his or her employer to produce such injury.”
After Appeal Fails, Mesothelioma Victim Seeks Justice from Highest Court
After summary judgment was granted in his mesothelioma claim, Mr. Cockrum appealed the decision. He presented the court with evidence that Alcoa knew of “continuing illnesses among employees” from asbestos, but the appellate court upheld the lower court’s decision, saying that the evidence didn’t prove that Alcoa had actual knowledge that he would certainly be injured.
Despite being rejected twice, the mesothelioma victim is persisting in his quest for justice. He asked the Washington State Supreme Court to review his claim, and the court agreed to evaluate the appeals court’s finding.
If you or someone you love has been diagnosed with malignant mesothelioma, you need the support of experienced, knowledgeable professionals. The Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
