Dale M. Spurlin’s service in the United States Navy placed him in danger, but not from wartime enemies: from 1963 to 1969 his service aboard two Navy ships exposed him to asbestos, and that eventually led to his diagnosis with malignant mesothelioma. Now he and his wife are seeking justice from several different companies whose asbestos-contaminated products were onboard the ships where he served.
Asbestos Companies File Motions to Have Mesothelioma Lawsuit Dismissed
Despite copious amounts of evidence that asbestos causes malignant mesothelioma and years of litigation leading to significant awards for victims of the deadly asbestos-related disease, asbestos companies continue arguing against being held liable for the damage that they caused. When Mr. Spurlin and his wife Mary sued the equipment manufacturers seeking compensation for negligence, strict liability, breach of express and implied warranties and loss of consortium, the companies filed motions to have the cases against them dismissed.
In reviewing the arguments filed by the defendants as well as cross claims by the Spurlins in the mesothelioma lawsuit, District Judge Anthony J. Battaglia of the United States District Court of the Southern District of California carefully and meticulously examined each side’s arguments. He ultimately agreed with the defendants that there was no right to a claim of loss of consortium in a maritime-based lawsuit, but other than that he determined that the case should move forward for a jury to decide.
Judge Cites Precedent from Previous Mesothelioma Decisions
In handing down his decision, Judge Battaglia noted that previous mesothelioma lawsuit decisions had established that asbestos equipment manufacturing companies do have a duty to warn of asbestos dangers, as well as that they had reason to know that the integrated product in their equipment was dangerous. He further determined that there was no basis for denying the possibility that Mr. Spurlin’s exposure to asbestos could not have caused his illness, as more than sufficient supporting evidence had been provided.
If you or someone you love has been diagnosed with malignant mesothelioma, whether while serving in the Armed Forces or through any other exposure to asbestos, you need the support and resources that the Patient Advocates at Mesothelioma.net can provide. For more information, contact us today at 1-800-692-8608.