A mesothelioma lawsuit filed in the state of Minnesota has seen a man include his former employer among the named defendants in his personal injury claim. When the company asked to be dismissed from the case based on the state’s Workers’ Compensation Act, the couple successfully argued that his occupational exposure to the company’s asbestos had come years earlier, when he worked for other companies. An appellate court has now upheld the lower court’s decision.
Man’s Mesothelioma Blamed on Years of Occupational Exposure
After Allan N. Anderson Jr. was diagnosed with malignant mesothelioma in 2023, he and his wife filed a personal injury lawsuit against 34 defendants that they blamed for exposing him to asbestos. From the 1960s to the mid-1990s, Mr. Anderson worked as a pipefitter apprentice, pipefitter, journeyman welder, and foreman. He also supervised asbestos abatement work performed by other companies.
Among the companies named in the Anderson’s mesothelioma lawsuit was Waldorf Corporation, which employed him for five years. Though the company argued that they were immune from his legal claim based on the state’s Workers’ Compensation Act, the couple argued that Mr. Anderson had only worked for the company from 1985 to 1988, and said Mr. Anderson’s exposure to Waldorf’s asbestos came in the years before he worked for them.
Appellate Court Upholds Lower Court’s Decision on Mesothelioma Lawsuit
The district court agreed with the couple, concluding that there was no reason for Waldorf to benefit from the Workers’ Compensation Act based on the short time that the mesothelioma victim was their employee. In response, the company appealed the decision, and the appellate court agreed with the lower court that there were genuine issues of material fact that precluded summary judgment.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help you get justice. Contact us today at 1-800-692-8608 to learn more.
