Years after David Welch served aboard the USS Carronade and the USS Princeton, the Navy veteran was diagnosed with malignant pleural mesothelioma, a deadly form of cancer known to be caused by exposure to asbestos. The victim filed suit against Crane Company, accusing them of having been negligent in failing to warn of the dangers of asbestos in their products. Though the company argued that the case should be dismissed, the U.S. District Court for the Western District of Washington determined that there are sufficient questions of fact for the case to be decided by a jury.
Navy Veteran and Maritime Expert Provides Testimony in Support of Mesothelioma Victim
When filing a mesothelioma lawsuit, it is important for victims to present evidence that supports their claims. Some experts explain the medical and scientific aspects of how asbestos affects the body, while others speak to the victim’s specific exposure or to the company’s management of the toxic material. In Mr. Welch’s case, testimony was provided by Commander Andrew Ott, a Navy veteran and maritime expert with extensive experience as an engineering plant ship superintendent and project manager at the Norfolk Naval Shipyard.
Mr. Ott testified that Crane had supplied dozens to hundreds of valves for the ships that the mesothelioma victim had worked on, and that the work that Mr. Welch had been assigned to would have put him in close proximity to Crane’s products and have been a source of significant and substantial exposure. The company argued that it had not known about asbestos’ danger and that they no duty to warn about the dangers of asbestos onboard the ships. They claimed that they could not be held liable under Washington law because they did not manufacture, sell or otherwise place the asbestos-containing replacement parts into the stream of commerce.
Court Sides with Mesothelioma Victim, Allows Claim to Move Forward
Despite Crane Company’s arguments against being held responsible for Mr. Welch’s mesothelioma, the court noted that there are significant questions of fact to be determined between the plaintiff’s and the defendant’s arguments. Because Mr. Ott had testified that the company’s gaskets were designed to be periodically disturbed during their normal service life and that the victim would have been in proximity to them, as well as proof submitted that Crane knew or had reason to know that the gaskets and packing were likely to be dangerous, the court was persuaded that the case should move forward to a jury.
If you or someone you love was negligently exposed to asbestos, the Patient Advocates at Mesothelioma.net can help. Call us today at 1-800-692-8608 to learn more.
