Lawsuit Blames Homeowner’s Mesothelioma Death on Product Used in Remodeling Project
Esther D. Mellor died eighteen months after her diagnosis with malignant mesothelioma, but before her death she filed an asbestos lawsuit against Union Carbide Corporation and other defendants. She claimed that she had been exposed to the company’s asbestos in a joint compound used to remodel her home in the 1960s and 1970s. The asbestos company filed a motion to have the case dismissed on several grounds, but the Superior Court of Rhode Island denied their request, allowing the case to continue.
Asbestos in Joint Compound Blamed for Mesothelioma Death
Though malignant mesothelioma is most frequently diagnosed following workplace exposure to asbestos, that is not always the case. Many victims have been sickened when asbestos from the workplace has been carried into their homes on the clothing of family members who worked in contaminated settings, and experts warn of the risk in residential settings undergoing renovations and remodeling.
In Mrs. Mellor’s asbestos lawsuit, her family claims that her mesothelioma was a result of her exposure to Union Carbide Calidria asbestos in the Georgia-Pacific Ready Mix joint compound used during her home’s renovation. They point to her having inhaled the dust that was released when the product was applied and sanded, as well as when she cleaned the house and her family’s clothes.
Asbestos Company Denies Role in Woman’s Mesothelioma
Union Carbide argued that it should not have to defend itself against the family’s mesothelioma lawsuit because there was no specific evidence that it had been their product used in the renovation. But her daughter remembered the five-gallon buckets of joint compound that had been used on the project, and the family provided evidence regarding the Ready-Mix formula used by Georgia Pacific at the time to support their assertion.
In its ruling the court pointed out that the family had “submitted evidence that all Georgia-Pacific Ready Mix manufactured in Akron, New York from September 1970 to May 1977 – if sold in five-gallon buckets of the type that Mrs. Mellor recalled – contained Calidria asbestos as an ingredient” and that together with other evidence presented, “could provide a jury with a ‘basis on which to find it is more probably true than false’ that the Ready Mix used in the Mellors’ family room contained Union Carbide asbestos.” The company’s motion to dismiss was denied and the case will move forward.
If you or someone you love has been diagnosed with malignant mesothelioma, the path to justice begins with identifying the source of their asbestos exposure. For assistance and information, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
FREE Mesothelioma PacketWritten by Terri Oppenheimer
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