Despite Multiple Procedural Errors, Judge Allows Mesothelioma Lawsuit to Proceed
One of the most frustrating aspects of pursuing a mesothelioma lawsuit is identifying the company responsible for the victim’s asbestos exposure. This is particularly challenging when the company has changed its name or when it and its liabilities have been acquired by another company. One such case recently made its way to the United States District Court of the Southern District of New York, where a mesothelioma widow landed after trying to find the right venue. Upon review of the case the judge noted several legal errors that had been made along the way, but in the interest of justice allowed it to be transferred to the appropriate legal venue rather than dismissing the case.
Mesothelioma Victim Exposed to Asbestos While Working on Wind Turbines
Before Eugene Paroni died of malignant mesothelioma, he and his wife Elodie identified several sources of asbestos exposure throughout his life, including asbestos blankets that covered turbine equipment he’d worked on. The equipment was manufactured and sold by Ruston Gas Turbines, an English company that had contracted with customers in California to install, repair and service its turbines there. The couple brought suit against Ruston in California state court in 2016, only to find that it no longer existed. They then sought the company’s successor in interest, but made errors along the way in both their identification and in the courts they believed had jurisdiction over the case.
By 2019 Mr. Paroni had succumbed to his mesothelioma but his wife continued to seek justice. She filed suit in New York, seeking compensation for negligence, strict liability, and loss of consortium plus wrongful death against the company she believed was successor in interest to Ruston. Over the course of multiple appearances she found that Ruston’s successor was General Electric United Kingdom, which moved to have Paroni’s case against it dismissed due to lack of personal jurisdiction in the New York court.
Judge Takes Pragmatic View of Mesothelioma Widow’s Journey
Though District Judge Paul A. Engelmayer noted repeated errors that had been made in the course of pursuing justice, he agreed that precedent existed for “courts to transfer a case, in the interest of justice, to cure a lack of personal jurisdiction.” He provided Mrs. Paroni with two weeks in which to transfer the case to a federal district court in California, where specific jurisdiction existed.
If you or someone you love has been diagnosed with malignant mesothelioma, the road to justice can be long and frustrating. Having the right people by your side is essential, and the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.FREE Mesothelioma Packet