Paul Klick III served in the U.S. Air Force for years, and he and his wife Julie blame asbestos-contaminated aircraft parts he was exposed to for his diagnosis with malignant mesothelioma. They are seeking justice from multiple companies, including Boeing and Pneumo Abex, as well as from pharmaceutical companies for his unrelated asbestos exposure from talcum powder contaminated with the carcinogenic material.
Parts Companies Use Legal Maneuver to Attempt Dismissal from Mesothelioma Lawsuit
Pneumo Abex is one of several companies that was forced to file for bankruptcy as a result of their negligent handling of asbestos, and after they were named in the Klick’s mesothelioma lawsuit they argued that the charge against them should be dismissed. Attorneys for the company claim that because less than one percent of their business was conducted in the state of New Jersey, the New Jersey federal courts have no jurisdiction over their business.
The company’s motion to dismiss was rejected by New Jersey federal judge Michael A. Shipp, who said that the company argument missed the point of the mesothelioma victim’s claim. He said that the suit was filed in New Jersey based on their Mahway facility’s work relating to asbestos-contaminated parts. He ordered limited discovery to determine whether there was a connection between the products developed there and parts used during the time that Klick was enlisted.
Veteran Claims Mesothelioma Was Caused by Breathing in Contaminated Dust
According to the Klick’s mesothelioma lawsuit, while stationed at an Air Force base in Maine he worked around B-52G bombers and KC-135A refueling planes manufactured by Boeing and equipped with asbestos-contaminated brakes manufactured by Abex, Inc. He believes that he inhaled the toxic dust that escaped from these parts. Though Pneumo Abex argued that New Jersey is the wrong venue for the case because most of its business is done in Texas, the judge pointed out that this argument misconstrues the reason for the Klick’s selection of New Jersey for jurisdiction, and said that more investigation is required. A decision is expected in the next few months, after further discovery is completed.
If you or someone you love has been diagnosed with malignant mesothelioma, you need experienced advocates who can help you get the best outcomes for all of your goals. Contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608 to learn more about the assistance we can provide.
