When James Maddy died of malignant mesothelioma in 2014, he and his wife Barbara had just one more month together before he succumbed to the disease. Three years later she filed a wrongful death lawsuit against Honeywell International, Inc., saying that asbestos from the company’s Bendix-branded brake products had caused his fatal illness. Though the Cuyahoga County Court of Common Pleas had granted the company summary judgment in June of 2017, an Ohio appeals court has overturned that decision, allowing the case to move forward for a jury to hear.
Bendix Brake Pads Called Substantial Factor in Causing Mesothelioma
The decision by the Eight Appellate District in Ohio was a long-awaited victory for Barbara Maddy, who has been fighting for justice ever since her husband’s mesothelioma death. The appeals panel agreed that the lower court had erred when it granted the corporate giant summary judgment and that there were genuine issues of fact about the cause of James’ exposure to asbestos.
According to information presented to the court, Mr. Maddy had worked as a supervisor at a company called Flxible that manufactured intercity buses. In his work he was constantly moving through the facility. Through the many years he spent in the job he would walk through the area where brake work was being done. His former coworker, Thomas Burkhart, says that he spent significant time in the department, talking to the workers and other employees and breathing in the asbestos that was present.
Additional Asbestos Exposure Came from Grinding Used Bendix Brake Linings
In addition to the time spent in the brake installation area, in 1989 Mr. Maddy was personally and continuously exposed to asbestos dust during the several months that he supervised the area where used Bendix brake linings were ground and chiseled. Respiratory failure due to mesothelioma was blamed for his death at the age of 70, and with the opportunity to move forward with a trial, Mrs. Maddy’s hopes to convince a jury that asbestos in Honeywell’s Bendix brakes was the cause of his illness.
If you have been diagnosed with malignant mesothelioma, or have lost a loved one to an asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. To learn how, contact us today at 1-800-692-8608.
