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Mesothelioma Lawsuit Against Brake Manufacturer Allowed to Proceed

When a person is diagnosed with malignant mesothelioma and decides to pursue legal action against those responsible, they have to prepare themselves for hard pushback: the companies that manufactured and distributed products containing the deadly carcinogen fight hard against having to take financial responsibility. Fortunately, the American justice system has chosen to level the playing field, giving mesothelioma victims the opportunity to be heard and to get the compensation that they deserve, despite the arguments offered by multi-million dollar companies. The most recent example of this was seen in the Superior Court of Delaware, where brake manufacturer Pneumo Abex fought against Raymond Leathers’ right to have his story heard.

Mr. Leathers was diagnosed with malignant mesothelioma after years of working as an auto mechanic, installing Abex brake parts as well as brakes manufactured by other companies. His straightforward testimony detailed installing a minimum of four sets of brakes per week for years in a variety of jobs, working with products made by Abex as well as Bendix, and Grizzly. He also presented evidence that Abex brakes contained asbestos. Despite this, Abex’s attorneys argued that the case should be dismissed, stating that the company’s brake shoes were never sold fully assembled as he had described, and that Mr. Leathers’ testimony had been provided in response to an impermissible leading question. Further, they argued that Mr. Leathers had provided insufficient evidence showing that their product had caused his mesothelioma.

Upon review of the case, the Superior Court struck down each of Abex’s assertions against the mesothelioma lawsuit. The judges felt that the causation standard had bee sufficiently met and that the specific question was not leading. The judges determined that the issue of compensation was deserving of determination by a jury. The case will proceed.

Understanding all of the complexities of a mesothelioma diagnosis and its impact can be a challenge. That’s why the Patient Advocates at Mesothelioma.net are standing by, ready to offer their assistance. Call us at 1-800-692-8608 to learn more.

Terri Oppenheimer

Terri Oppenheimer is an independent writer, editor and proofreader. She graduated from the College of William and Mary with a degree in English. Her dreams of a writing career were diverted by a need to pay her bills. She spent a few years providing copy for a major retailer, then landed a lucrative career in advertising sales. With college bills for all three of her kids paid, she left corporate America for a return to her original goal of writing. She specializes in providing content for websites and finds tremendous enjoyment in the things she learns while doing her research. Her specific areas of interest include health and fitness, medical research, and the law.

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