There are many reasons why mesothelioma victims prefer to have their claims heard in their local state court and why asbestos companies prefer the federal courts. State courts generally provide faster trial dates, often make it easier for victims to obtain evidence, and make it easier for them to name several asbestos companies in a single lawsuit. Juries drawn from the local community are also generally more sympathetic, and verdicts can be higher. In a recent example, General Electric removed a claim to federal court, but the widow pursuing justice convinced the court to return the lawsuit to her home court.
Kentucky Mesothelioma Widow Names Multiple Asbestos Companies in Claim
After Barney Horton, Jr. died of mesothelioma, his widow, Linda, continued the couple’s claim against several asbestos companies, including General Electric. The claim had been filed in the Jefferson, Kentucky Circuit Court, but during discovery, General Electric learned that Mr. Horton had served in the U.S. Navy from 1968 to 1962 and had served on a ship that contained “one or more General Electric marine turbines.” They also learned that Mr. Horton had submitted a claim to the Department of Veterans Affairs for injuries he’d believed were linked to his service, including asbestos exposure.
As a result of this discovery, General Electric filed a motion to have the case removed to federal court so that it could apply a government contractor defense to the mesothelioma claim. Mrs. Horton responded by filing an amended complaint, disclaiming and waiving any cause of action or recovery from any injuries arising out of her late husband’s Naval exposure to GE products. She requested that the claim be remanded to the state court.
General Electric’s Argument for Federal Court Hearing Falls Short
General Electric filed a petition to present documents in support of its request. Still, after hearing arguments from both sides, the court returned the lawsuit to the mesothelioma widow’s local Kentucky court. The judge hearing the case agreed that because Mrs. Horton had waived all military-related asbestos claims, General Electric no longer had a reason to offer a government contractor defense, whether directly to her or to any of its co-defendants in the case.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net can provide you with invaluable guidance. Contact us today at 1-800-692-8608 to learn more.
