Choosing who to include among the defendants in a personal injury claim is one of the toughest challenges faced by mesothelioma victims. In their pursuit of justice, they need to identify all of the companies that had a duty to warn them about the dangers of asbestos, and then prove their role in court. While some defendants’ failure to warn is obvious, many argue against being held responsible because their connection to asbestos is less direct. A case heard in the Superior Court of Delaware provides a good example.
Man’s Mesothelioma Blamed on Asbestos in Parts Used in Brake Grinding Machine
The case was filed by the family of Donald Jordonek, who died of mesothelioma after having been exposed to asbestos as a result of his work as an automotive mechanic. Among those named as defendants is Hennessy Industries, LLC, predecessor-in-interest to AMMCO Tools, Inc. Mr. Jordonek worked with AMMCO equipment while employed at a Goodyear Tire Service Center from 1972 to 1999.
Hennessy argued that they should be dismissed from the mesothelioma claim because their equipment did not contain asbestos, but the victim’s family argued that the company had a duty to warn because they designed and sold a machine whose function specifically included contact with asbestos-containing brake linings.
Court Rules Company Cannot Evade Mesothelioma Claim
The Superior Court of Delaware denied the company’s motion to dismiss them from the mesothelioma claim as well as its subsequent request to reargue its case. The court noted that the company had offered a “bare-metal defense” which relies upon the notion that equipment manufacturers aren’t liable for injuries caused by asbestos-containing components from other sources and added to the equipment later. The company hoped that this argument would excuse them from liability, but the court noted that the “product was intended to be used with another product for the very activity that created a hazardous situation,” and that provided an exception to the bare metal defense.
If you or someone you love has been diagnosed with malignant mesothelioma, it is essential that you work with advocates who understand the best way to protect your rights. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
