James Grant Gooding was diagnosed with malignant mesothelioma in January of 2020 and died of the disease just three months later. Shortly before his death he filed suit against multiple defendants including Avondale Shipyard, which in turn filed a crossclaim against vessel repair company Buck Kreihs so that they would share in any liability claims. Though Buck Kreihs argued against being added to the suit, the U.S. District Court of the Eastern District of Louisiana denied their motion for summary judgment.
Mesothelioma Victim Suffered Multiple Exposures to Asbestos
Mr. Gooding’s mesothelioma lawsuit was converted to a wrongful death claim filed by his heirs, who accused the defendants of failing to protect him from exposure to asbestos. Their case details his service as an officer in the Coast Guard from 1967 through 1970, during which time he worked as a Marine Inspector assisting with vessel construction, maintenance, and repairs, and particularly of vessel boilers. Much of this work took place at Avondale Shipyards.
After the mesothelioma victim was honorably discharged from the Coast Guard, he worked for 35 years as a field surveyor for American Bureau of Shipping, doing the same type of work at multiple shipyards. His work history frequently exposed him to asbestos.
Shipyard Seeks Inclusion of Vessel Repair Company to Share Mesothelioma Liability
As a named defendant in the mesothelioma lawsuit, Avondale Shipyard filed a crossclaim against Buck Kreihs, pointing out that Mr. Gooding had worked as a boiler inspector at their shipyard both during his service in the Coast Guard and while employed by ABS. The company filed a motion for summary judgment, asserting that neither Avondale nor Mr. Gooding’s heirs had presented evidence that any of their conduct contributed to or caused his illness and death. This put the shipyard and the victim’s survivors in the unusual position of being on the same side of a legal argument, opposing Buck Kreihs’ motion to dismiss.
In reviewing the vessel repair company’s argument, District Judge Eldon E. Fallon noted that Mr. Gooding had expressly stated his personal belief that he had been exposed to asbestos while working on vessels at Buck Kreihs’ location, and that testimony from the company’s executives and contractors supported the assertion that his work would have put him in contact with asbestos-containing products. He also noted that the victim’s cumulative exposures to asbestos, including from sources at Buck Kreihs, would each have been a significant contributing factor to his development of the rare and fatal disease.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help you access the resources you need. Contact us today at 1-800-692-8608.
