After Debra Manns died of malignant mesothelioma, her family members filed a wrongful death lawsuit seeking compensation from multiple companies that they blamed for exposing her to the asbestos that caused her fatal illness. Among the defendants was Master Industries Worldwide, a firm that specializes in bowling accessories. Though the company filed a motion to quash service of summons for lack of personal jurisdiction, the judge hearing the case denied their motion and allowed the case to proceed.
Mesothelioma Lawsuit Accuses Bowling Supply Company of Exposing Victim to Asbestos
The family named Master Industries in their mesothelioma claim because of asbestos contained in their Easy Slide product, which Mrs. Manns had used when bowling. The company argued that they should not have been included in the lawsuit because they had not become a legal entity until 2011 and had not manufactured or sold any products until the year 2012, years after Mrs. Manns was exposed to the product. They also argued that though they had purchased the previous company that had manufactured the Easy Glide product and assumed their name, they were not continuing the business.
In response to this argument, the mesothelioma victim’s family noted that the newly formed company was successor-in-interest to the original company that had manufactured, sold, and distributed the Easy Slide talc products. They submitted evidence showing that the new owners had claimed to have been in business for fifty years, manufacturing products in California, and that they had even posted photos of their shipping facility online as early as 2009. They noted that the defendant had availed itself of the benefits of doing business in California and had continued the brand name, selling the same products to the same customers and using the same employees and facilities.
Court Decides Against Successor Company in Mesothelioma Claim
In its decision, the Superior Court of California agreed with the mesothelioma victim’s family. The judges noted that Master Industries, Inc. and its successor had both availed themselves of the benefits of doing business in California and that the successor had assumed the liabilities of the company that it had purchased. That new owner will have to accept service of summons and defend itself against the family’s claims.
If you or someone you love is facing a mesothelioma diagnosis, the Patient Advocates at Mesothelioma.net can help you manage the challenges that lie ahead. For more information, contact us today at 1-800-692-8608.
