It is a tragic but true fact that America’s service branches made frequent use of asbestos for decades, and as a result, a significant portion of mesothelioma victims in the United States are veterans. Asbestos companies are frequently named in personal injury lawsuits seeking compensation for the harm that veterans have suffered. In a recent case, an Ohio court denied John Crane, Inc.’s attempt to escape facing a jury.
John Crane, Inc. Accused of Negligence in Veteran’s Mesothelioma Lawsuit
A personal injury lawsuit was filed in the U.S. District Court for the Northern District of Illinois by Chloyde Pelton and his wife Shirley after Chloyde was diagnosed with malignant pleural mesothelioma. Their suit accuses John Crane, Inc. of negligence, willful and wanton conduct, and strict product liability, pointing to asbestos that contaminated the company’s products that he was exposed to while serving onboard multiple Navy ships.
The mesothelioma victim testified that between 1959 and 1963, he had served as a pipefitter and shipfitter aboard the U.S.S. Lyman K. Swenson, the U.S.S. Pritchett, and the U.S.S. Frontier. He described removing old gaskets and packing using a wire brush that created “lots of dust in the air,” describing the job as “dirty work.” An industrial hygienist, a medical expert, and a retired U.S. Navy Captain provided expert witness testimony regarding the asbestos exposure that this work would have entailed.
John Crane, Inc. Seeks Dismissal of Mesothelioma Claim
Despite the significant evidence supporting its liability for Mr. Pelton’s mesothelioma, the company responded by asking for the case against it to be dismissed, arguing that the victim could not establish specific causation; that the evidence was insufficient to establish that the harms posed by the products outweighed its usefulness; that the victim had not proven that a safer design existed; and that the victim’s request for punitive judgment does not apply to maritime law.
After consideration, the court denied the company’s request for the mesothelioma claims to be dismissed. The judges noted that the victim had provided sufficient evidence of exposure to Crane’s products and that they were a substantial factor in his disease. They also noted that plaintiffs aren’t required to provide a balance between harm and utility. Though they agreed that maritime law did not recognize willful and wanton conduct as a cause of action, it allowed the victim’s quest for punitive damages to remain.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.
