In May of 2022, Navy veteran Ronald Cook succumbed to his malignant pleural mesothelioma. His widow Linda filed personal injury claims against multiple companies that she blamed for exposing him to the asbestos that caused his illness. Three of those companies filed motions to have the cases against them dismissed, but the judge hearing the case ruled that the cases should be heard by a jury because there are significant facts in dispute.
Mesothelioma Victim Endured Multiple Exposures to Asbestos
With the benefit of hindsight, it is easy to see how Ronald Cook was at risk for, and ultimately diagnosed with, malignant mesothelioma. From 1966 through 1968 he served as a fireman and boiler tender in the U.S. Navy where the boilers that he worked on were contaminated with asbestos. Following that exposure he spent years repairing small engines whose parts contained asbestos.
Mrs. Cook filed a mesothelioma lawsuit that named Foster Wheeler Energy Corporation, Briggs & Stratton Corporation, and DCo LLC as defendants, and each of those companies filed motions for summary judgment, arguing that she was unable to prove her claims against them. The case was recently reviewed by Senior District Judge Rya W. Nobel of the United States District Court of the District of Massachusetts.
Judge Decides that Multiple Questions in Dispute Demand Hearing in Mesothelioma Case
Each of the defendants in the mesothelioma lawsuit has their own argument as to why they should not be held liable for Mr. Cook’s death: Briggs & Stratton argues that the gaskets that the mesothelioma victim used in his work did not contain asbestos because an analysis found no asbestos fibers released during gasket removal from the engines, but the widow argues that the reason that there were no fibers was because the gaskets that were tested were covered in oil, which would have trapped the fibers. Foster Wheeler company argued that they should be excused from liability for having failed to warn of the dangers of their boilers because the Navy had excused them from doing so.
For its part, DCo argued that there was no proof that they had been the supplier of the asbestos-containing gaskets that the mesothelioma victim had been exposed to, while the widow maintained that she had proof. With so many questions to be answered, the judge decided that only a jury could determine where the truth lies. The case will move forward.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can provide you with the resources and support that you need. For information, contact us today at 1-800-692-8608.
