John R. McCabe, Sr. was an Air Force veteran who spent years working at the Kennedy Space Center repairing aircraft of all kinds, and it was that work that exposed him to the asbestos that led to his death from malignant epithelioid mesothelioma. Though he died before his personal injury lawsuit could be heard, his daughter Michelle M. Sims continued the case on his behalf and recently defeated a motion for summary judgment filed by one of the companies named in the suit.
Airplane Manufacturer Seeks Dismissal from Mesothelioma Lawsuit
Before his mesothelioma death, Mr. McCabe filed suit against several manufacturers and companies that he blamed for his illness, and specifically for failure to warn of the dangers posed by the asbestos in their products. Among the named defendants are Honeywell International, Morton International, Northrup Grumman, Redo Corporation, Crane Compan, Schneider Electric USA., Shell USA, Goodyear Tire & Rubber Company, Vanderbilt Minerals, LLC., and Curtiss-Wright Corporation.
Curtiss-Wright filed a motion for summary judgment on January 12, 2024, arguing that the mesothelioma victim had failed to submit any evidence to support his claim of having been exposed to asbestos while working on or around any Curtiss-Wright product. The company pointed to the court’s evidentiary rules and said that there had been no proof that Mr. McCaabe had worked on or around a Curtiss-Wright product, that the product contained asbestos, that it had created dust, or that Mr. McCabe had been exposed in any way to asbestos-containing dust from any of its products.
Mesothelioma Victim’s Family Provides Additional Evidence to Defeat Motion to Dismiss
In response to Curtiss-Wright’s motion to dismiss, the McCabe family submitted evidence that answered each of the company’s arguments as to whether it should have been included in their mesothelioma lawsuit. The evidence they provided showed that he had been exposed to asbestos from his work on and around, and other mechanics’ work in his presence, Curtiss-Wright’s C-46 aircraft and that the asbestos-containing products incorporated in that plane were a substantial factor in his disease.
Based on evidentiary rules that require the courts to view the evidence in the light most favorable to the plaintiff, the court decided in favor of the mesothelioma victim’s family and ruled that there are genuine issues of material fact about their claim that must be determined by a jury.
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
