Only three months passed between James Gooding’s diagnosis with diagnosis and the rare, asbestos-related disease claiming his life. In that short amount of time, he filed claims against several companies he blamed for his shipyard exposure, and after his death, his heirs continued the case. When several of the companies asked to have the case against them dismissed, Judge Eldon E. Fallon of the District Court for the Parish of Orleans determined that they had fallen short of the legal standard for dismissal. The claims will move forward for a jury to hear.
Mesothelioma Blamed on Asbestos Exposure in Shipyards
Mr. Gooding’s mesothelioma claim names Bayer CropScience, Swiftships, Inc., Foster Wheeler, General Electric, ViacomCBS Inc., Bollinger Shipyards Lockport, LLC, and Boland Marine and Manufacturing Company. He, and now his heirs, assert that the companies negligently exposed him to asbestos both during the years that he served as an officer in the Coast Guard and worked as a Marine Inspector, and then following his military service when he worked as a field surveyor for American Bureau of Shipping performing vessel inspections.
During his service, the mesothelioma victim assisted with vessel construction, maintenance, and repairs, as well as with inspecting vessel boilers. Following his military retirement, his work responsibilities included checking ships’ machinery, boilers, and piping systems. He was assigned to dozens of shipyards during the course of his employment.
Motion to Dismiss Mesothelioma Claim Falls Short of the Legal Standard
In his review of the motion to dismiss the mesothelioma claim, Judge Fallon noted that for this type of petition to prevail, the asbestos companies needed to show there was no genuine issue as to any material fact in the case. He also pointed out that under Louisiana law, a plaintiff in an asbestos case is required to prove that his exposure to the defendants’ asbestos product was significant and played a substantial role in causing his mesothelioma.
The judge ruled that because Mr. Gooding’s family had shown he had significant exposure after having worked with asbestos-containing materials, and had shown specific evidence showing potential exposure to the defendants’ asbestos-containing products, “factual issues abound” and that it is appropriate for a jury to determine whether their products and conduct were substantial factors in causing his mesothelioma.
If you or someone you love has been diagnosed with malignant mesothelioma, you face a long and challenging road. To learn how the Patient Advocates at Mersothelioma.net can help, contact us today at 1-800-692-8608.
