David Gomez blames his malignant mesothelioma diagnosis on secondary exposure to asbestos carried into his childhood home on his stepfather’s work clothes. His personal injury lawsuit names several companies that he holds responsible for his illness.
Man Blames Secondary Asbestos Exposure for Mesothelioma Diagnosis
David Gomez blames 3M Company, Eagle, Inc., Hopeman Brothers, Inc., Huntington Ingalls Incorporated, International Paper Company, Liberty Mutual Insurance Company, Metropolitan Life Insurance Company, Sentry Insurance Company, Taylor-Seidenbach, Inc., and Union Carbide Corporation for his illness. He filed suit in Orleans Parish’s Civil District Court, but two of the defendants filed a motion to have the case removed to federal court.
As happens in many mesothelioma lawsuits filed against shipyards and their affiliated contractors, both Hopeman Brothers and Huntington Ingalls, Inc. (Avondale Shipyards) invoked an affirmative defense, arguing that they were entitled to immunity based on their status as government contractors. Mr. Gomez filed a motion to stop both companies from using this defense, arguing that the companies are not entitled to this defense because they failed to warn those working with and around asbestos of the risks associated with asbestos and failed to take measures to prevent its spread.
Judge Grants Mesothelioma Victim’s Request
Avondale argued that the mesothelioma victim’s motion for summary judgment was submitted prematurely. However, the judges of the United States District Court of the Eastern District of Louisiana granted the victim’s argument, agreeing that precedent has established that the company has no entitlement to the immunity defense that they would assert. As for the claim against Hopeman, that company argued that Mr. Gomez’s motion to prevent them from using the immunity defense should not be considered because they are in the midst of a bankruptcy proceeding. The judges agreed with that legal argument, indicating that they would deny the victim’s argument but with prejudice, indicating that it could be revisited after Hopeman’s bankruptcy proceedings were complete.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. For more information, contact us today at 1-800-692-8608.
