Wayne Yocum died of malignant mesothelioma after being exposed to asbestos during his service in the Navy, but before he succumbed to the disease, he and his wife Tina filed suit against Westinghouse Corporation, accusing them of strict product liability, design defect, and loss of consortium. When Wayne died, Tina continued the claim, and though her case was originally removed to federal court, she successfully appealed that decision and had the claim returned to California.
Mesothelioma Jurisdiction Question Centered on Insulation Used in Propulsion System
The Yocums blamed his mesothelioma on exposure to asbestos in insulation used during his naval training. He had served in the Navy as a machinist mate from 1965 to 1975 and worked on the A1W, a prototype of a nuclear propulsion system. Westinghouse filed for removal of the case from California’s court system based on federal officer jurisdiction; they asserted that because the government had provided precise specifications for their equipment that they had conformed to and because they had warned the government of the dangers in the use of asbestos insulation, they were immunized from litigation.
In response, the mesothelioma widow argued that the military contractor defense was only applicable when military equipment was supplied and that the asbestos-containing insulation that her late husband had been exposed to was an ordinary consumer product that the military had purchased. The court agreed with her assessment, noting that “Where the goods ordered by the military are those readily available in substantially similar form to commercial users, the military contractor defense does not apply.”
Mesothelioma Widow’s Claim Against Westinghouse Returns to Local Courts
Westinghouse argued against the widow’s decision in the mesothelioma case, asserting that the question of product liability pertained to the A1W prototype as a whole rather than the insulation that it contained, and which was installed, removed, handled, and otherwise manipulated in Mr. Yocum’s presence. However, the court rejected this position, calling it erroneous and pointing out that the question at hand was whether the insulation supplied by the company had been developed based on involved judgments made by the military or whether it was an ordinary consumer product purchased by the military.
The judge decided that because the widow’s complaint and remand motion referred to asbestos-containing electrical components manufactured by Westinghouse and GE, and not whether he had been exposed to asbestos in any turbine, there was no basis for federal jurisdiction and the mesothelioma claim was returned to the California court system.
If you or someone you love has been exposed to asbestos and diagnosed with an asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
