In a decision that clarifies recently passed state tort laws, the Supreme Court of Iowa reversed the decision of a lower court in favor of a mesothelioma plaintiff, allowing the victim’s family’s case to proceed to a jury trial. At issue was the question of whether a provision in the new laws granted immunity to companies who supplied – but did not manufacture – asbestos-contaminated products or components, no matter the basis of the claim.
Family Blames Mesothelioma on Asbestos in Workplace
The case at issue was filed by the family of Charles Beverage, who was diagnosed with malignant pleural mesothelioma in September of 2015 and died of the disease on month later. His family filed suit against Alcoa, Inc and Iowa-Illinois Taylor Insulation (IITI), claiming negligence, premises liability, and more based on the asbestos-contaminated insulation that was present in the Alcoa plant where Charles had worked as an independent contractor for twenty years. The insulation was sold, but not manufactured by, IITI.
The two companies filed to have the mesothelioma case against them dismissed based on a provision in a new Iowa law that protected companies against liability “for exposures from a product or component part made or sold by a third party.” The district court and the court of appeals both agreed with the defendants and dismissed the case, but Mr. Beverage’s family appealed, arguing that the provision was being misinterpreted and over-applied.
Court Rules on Intention of Law Affecting Mesothelioma Claims
In its review of the mesothelioma case and the lower courts’ decisions, the Iowa Supreme Court analyzed the language and intent of the new Iowa laws and determined that that the decision had misinterpreted the law’s intent. They went through the long history of asbestos litigation and the factors that had led to the new law being written. The noted that the third party provision used was improperly applied in the case, and wrongly excused the defendants from liability. The case will go on to be heard by a jury, and future plaintiffs will find the path cleared for them to pursue those responsible for their illness.
If you or someone you love has been diagnosed with malignant mesothelioma, getting the justice you deserve may rely upon having the right people working on your behalf. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
