In November of 2020, Ruth and Arnold Pritt filed a mesothelioma lawsuit against several companies, including John Crane, Inc. After Arnold’s death, Ruth filed an unopposed motion to substitute herself as plaintiff, and then filed a motion to amend the original claim to add claims for wrongful death and punitive damages. Though Crane objected to the amendment, a Massachusetts judge recently decided in favor of the widow.
Navy Veteran’s Mesothelioma Widow Seeks Wrongful Death and Punitive Damages Consideration
After her Navy veteran husband’s death from malignant mesothelioma, Ruth Pritt sought permission from the court and the defense to add wrongful death and punitive damages to the original complaint. John Crane objected, arguing that survival remedies, loss of consortium damages, and punitive damages under a wrongful death claim are not recoverable under maritime law, and therefore the amendment would be futile.
In response to the asbestos company’s objection, the mesothelioma widow argued that the Jones Act does not apply to her claim because Crane was not her husband’s employer and that the Death on the High Seas Act (DOHSA) does not apply because her husband’s injuries were indivisible, meaning there is no definitive moment when he was exposed to asbestos. She asserted that general maritime law applies and allows those claims. She also noted that because neither the Jones Act nor DOHSA apply, state law can fill in the gaps.
Court Agrees that Maritime Law Allows Mesothelioma Widow’s Claim
In her review of case law, Magistrate Judge Marianne B. Bowler noted that multiple courts have concluded that punitive damages have been historically available under general maritime law and that the same is true for loss of consortium claims. She also said that the precedent that Crane attempted to use to justify their objection was “decidedly different from the action in the case at bar,” and inapplicable.
Finally, the judge noted that the intention and history of maritime law supported the mesothelioma widow’s claims, writing, “The Supreme Court has noted that ‘it is a settled canon of maritime jurisprudence that it better becomes the humane and liberal character of proceedings in admiralty to give than to withhold the remedy, when not required to withhold it by established and inflexible rules.’” Mrs. Pritt’s quest for justice on her own behalf, as well as for her husband, will be permitted.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
