James Myers died of malignant mesothelioma in March of 2018, and since that time his survivors have been working to get justice from those who exposed him to asbestos. Though Sunbeam Equipment Corporation was initially successful in having the case against them dismissed, a recent decision in the Superior Court of Pennsylvania reversed that decision, allowing the case to move forward.
Coworkers’ Testimony Essential to Mesothelioma Victim’s Case
After Mr. Myers died of mesothelioma, his estate pursued justice against IntriCon Corporation. IntriCon sold burners and Firecheck valves to Sunbeam from September 1964 to March of 1974, and the claim asserted that they were contaminated with asbestos. Though Mr. Myers died before being able to give a deposition about his work, testimony was provided by several of his coworkers to establish his regular exposure to asbestos from IntriCon’s valves and burners.
Several of those coworkers spoke of the mesothelioma victim having worked by their side or in areas that were dusty within the plant. They described his regular exposure to gaskets and rope within the Firecheck valve, of their belief that they were made with asbestos, and their assessment that he would have breathed in dust from the environment and the work.
Asbestos Manufacturer’s Motion for Summary Judgment Overturned in Mesothelioma Case
When the initial mesothelioma claim was filed, IntriCon successfully had the claim against them dismissed, but the estate appealed that decision, asking the superior court to reconsider. Upon review of the details of the case, the Superior Court determined that the trial court’s decision that there was insufficient evidence of regular, frequent, and proximate exposure to asbestos was incorrect.
In support of their decision, the judges of the Superior Court of Pennsylvania cited specific testimony from several Sunbeam employees regarding Mr. Myers’ presence within the plant and of his proximity to their burner parts that contained asbestos. They wrote, “We do not agree with the trial court that this case is so clear and free from doubt that Appellee was entitled to judgment a matter of law. Rather, we conclude that Appellant presented sufficient evidence to establish a genuine issue of material fact … and that the trial court erred in granting summary judgment.” The case will move forward for further proceedings.
If you or someone you love has been diagnosed with malignant mesothelioma, the road to justice can be long but rewarding. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
