There are many industries and jobs that are traditionally associated with exposure to asbestos – and subsequently with a mesothelioma diagnosis – but making stained glass is not an occupation that immediately comes to mind. Still, according to Michael A. Love’s survivors, his career in the stained-glass industry put him in direct contact with asbestos gloves and asbestos boards purchased from CSC/Cenco Scientific Company. As a result, his family filed a product liability lawsuit against the company, accusing them of negligence that led to his untimely death.
Company Argues That Other Asbestos Gloves Might Have Caused Malignant Mesothelioma
CSC responded to the mesothelioma lawsuit by filing a motion for summary judgment, asking for the case against them to be dismissed. They argued that even if their company’s gloves did contain asbestos and were used by Mr. Love, he had also used asbestos gloves and boards manufactured by other companies, and that since they were all identical and he did not personally unpack the gloves that he used, “he had no way of knowing if the gloves came from any of the companies mentioned.”
The company’s attorneys also noted that the mesothelioma victim had “recalled seeing a box of boards from CSC. However, he offered no testimony whatsoever that he ever actually performed the scoring, snapping or scraping work on a board supplied from Cenco.” They argued that as a result, the product identification that Mr. Love had provided was insufficient to establish liability.
Mesothelioma Victim’s Family Prevails on the Law
In their response, Mr. Love’s family said that they had demonstrated the existence of triable questions of fact that require a jury to determine whether the company was liable for his mesothelioma death. They pointed to the fact that the company acknowledged that he had been exposed to asbestos-contaminated Cenco products during his career and that liability only need be reasonably inferred. They also pointed out that there can be more than one proximate cause, and that CSC had failed to show that its product could not have contributed to Mr. Love’s death. The court agreed and denied the asbestos company’s motion to dismiss the case.
Exposure to asbestos can come from many different sources, all of which can lead to a mesothelioma diagnosis. If you’ve been diagnosed with mesothelioma and need help finding the source of your exposure, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
