Before Charles Curtis succumbed to his malignant pleural mesothelioma, he filed a personal injury lawsuit against several companies whose asbestos-contaminated products he blamed for having exposed him to asbestos during his career as an electrician. Those companies asked the court to dismiss the case against them, arguing that there was no proof that he had been exposed to their products, and the court agreed. After his death, his son appealed that decision, arguing that his testimony had been clear and should have been enough to take the case to a jury. The appeals court agreed and reopened the claim, allowing the family’s quest for justice to move forward.
Mesothelioma Victim’s Testimony Identified Specific Asbestos-Contaminated Products
In the original deposition testimony that the mesothelioma victim provided before his death, he clearly identified the products manufactured by ABB, Inc., Eaton Corporation, and Schneider Electric USA. He described their characteristic color and swirl designs and indicated that when he repaired and sanded those products, he inhaled the contaminated dust that was released. When asked how often he had worked on the companies’ products, he had responded, “many, many times,” “too many to count.”
Despite this, the district court hearing the asbestos companies’ motion for summary judgment agreed with the manufacturers that there were no triable issues of fact about whether the mesothelioma victim had been exposed to asbestos from their products. The court also decided that the work Mr. Curtis had described did not include contact with the asbestos-contaminated parts of the products, and granted the defendants’ petition.
Mesothelioma Victim’s Son Prevails on Appeal of Lower Court’s Decision
In appealing the case in the mesothelioma claim, Mr. Curtis’ son argued that the lower court’s decisions had been made in error, and that in viewing the facts in the light most favorable to the victim (as required by legal precedent), it is clear that there was a question of fact that must be determined by a jury reviewing the evidence. As a result, the case was returned to the original court for further proceedings.
If you or someone you love has been diagnosed with malignant mesothelioma, it is important that you have access to all the resources you need to get the justice you deserve. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
