Judge Rejects Asbestos Companies’ Claim that Mesothelioma Victim Assumed Risk

Laura Walls lost her husband Robie to malignant mesothelioma in October of 2020, just 13 months after his diagnosis with the rare asbestos-related disease. Before his death the couple filed claims against multiple asbestos companies whose products he worked with during his 42-year career as a tractor-trailer fleet mechanic. Though the companies argued that Mr. Walls should have known of the dangers of asbestos and therefore they should not be held liable, the U.S. District Court in North Carolina denied their affirmative defenses and allowed the case to move forward.

Mesothelioma Victim Endured Decades of Asbestos Exposure 

According to testimony Mr. Walls provided prior to his death, he was at risk of malignant mesothelioma throughout much of his adult life. He served in the Navy from 1955 to 1959, then worked as a tractor-trailer fleet mechanic at five different jobsites, including the Mack Truck Company, Great Coastal Express, Archie Motor Freight, and others. During that time he performed maintenance on tractor-trailer brakes, clutches and engines. 

The mesothelioma victim testified that his work activity spread large amounts of visible dust, which he inhaled, both while performing the work and while cleaning up afterwards. The Walls named multiple defendants who manufactured the asbestos-contaminated parts that he worked with, including Ford Motor Company, Navistar, Meritor, Inc., Pneumo Abex, Strick Trailers, and others. 

Asbestos Companies Say Mesothelioma Victim Should Have Known of His Risk 

Though Mr. Walls  asserted that he never received any warnings from his employers about the risk of mesothelioma posed by exposure to the asbestos-contaminated products, several of the companies argued that he assumed the risks, that it was his employers’ responsibility to warn of the dangers rather than theirs, that he should not have sanded the brakes or used an air compressor, and that the claims were barred by North Carolina’s Workers’ Compensation law.

Despite the aggressive defense that the manufacturers mounted against the mesothelioma claim, the judges hearing their motions for summary judgment refused the majority of their arguments and allowed the widow’s case to move forward for a jury to hear.

Victims of malignant mesothelioma are entitled to justice from the companies responsible for their illness. For information on your rights and the resources available to you, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.

Terri Heimann Oppenheimer

Terri Oppenheimer

Writer
Terri Heimann Oppenheimer is the head writer of our Mesothelioma.net news blog. She graduated from the College of William and Mary with a degree in English. Terri believes that knowledge is power and she is committed to sharing news about the impact of mesothelioma, the latest research and medical breakthroughs, and victims’ stories.

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