Leona Rhoades’s husband Dewey died of asbestos-related lung cancer after decades of working as a mechanical repair worker on U.S. Navy ships and other job sites. She filed a wrongful death lawsuit against 43 asbestos companies, accusing them of negligently exposing him to asbestos. The three defendants who remained filed motions for summary judgment, asking for the cases against them to be dismissed, but their petitions were all denied.
Lung Cancer Widow Claims Negligence, Strict Liability, and Conspiracy Against Aircraft Companies
Though Mr. Rhoades died before the lung cancer lawsuit was filed, a significant amount of evidence has been provided in support of his widow’s claim by three former Naval officers. Their depositions provided information about the mechanical repair work he performed throughout his career. They told of his work for Erie Forge and Steel; the U.S. Navy; Odeco; and Pensacola Aviation Center. Of particular importance was his Navy work, where he served as “an Air Force power plant mechanic primarily on engine repair.”
Based on the work he did during his service and the aircraft and engines he worked on, the veterans testified that he worked on several different models of the defendants’ aircraft that were powered by Pratt & Whitney engines that contained asbestos components. The widow’s personal injury lawsuit points to this work for having exposed him to the carcinogen that caused his lung cancer and eventual death.
Asbestos Companies File Petitions to Have Claims Dismissed
The lung cancer lawsuit was originally filed in the Court of Common Pleas of Philadelphia County but was removed to the U.S. District Court for the Eastern District of Pennsylvania. The three remaining defendants were General Electric Company, Northrop Grumman Corporation, and Raytheon Technologies Corporation. Each filed motions for summary judgment, arguing as to whether Florida law or maritime law applied and that the claims were barred by the government contractor defense. They also argued that the victim’s claims were precluded by derivative sovereign immunity, and Northrup Grumman argued that the widow’s conspiracy and punitive damage claims lacked supporting evidence.
The judge hearing the defendants’ petitions to have the asbestos-related lung cancer lawsuit dismissed denied each of the arguments that were proffered, noting that the testimony provided had met the required test for locality and causation. The judge ruled that there was a genuine issue of material fact as to whether the government had authorized the use of asbestos in the products, and that consideration of the punitive damage claim was premature. The case against all three will continue for a jury to decide.
If you or someone you love has been diagnosed with malignant mesothelioma, lung cancer, or another disease related to asbestos exposure, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
