Jerome J. Gehant served in the Navy for less than four years, but that short stint is being blamed for his malignant mesothelioma death. Gehant worked on just one ship – the USS America — and his only duty was service as a boiler technician. His family blames his illness and subsequent death on asbestos in the insulation, gaskets, insulating cement, and packing used in the Foster Wheeler boilers on the ship. They say that the company knew of the dangers and were negligent in their failure to warn.
Boiler Manufacturer Files Motion to Have Case Against it Dismissed
In response to the mesothelioma lawsuit filed by Gehant’s family, Foster Wheeler filed a motion for summary judgment based on three basic premises: That the family could not establish that the company owed Gehant a duty to warn; that as a federal defense contractor they could not be held responsible for harm caused by their product; and that no causal link exists between their failure to warn and the injuries suffered.
The motion to dismiss the mesothelioma claim was heard by District Judge Roderick C. Young of the U.S. District Court of the Eastern District of Virginia. Upon review of each of the issues raised by the company’s attorneys, he determined that there was enough proof on both sides that determinations about liability could only be determined by a jury and allowed the case to proceed.
Questions About Mesothelioma Liability Need Jury Consideration
When mesothelioma lawsuits involve accessories or parts for equipment installed on Navy ships, a central question is whether the product required incorporation of the part. In the case of the Foster Wheeler boilers that Mr. Gehant worked on, the company’s manual included asbestos-containing products in its design drawings, raising a question about whether that implied that they were required.
Other questions were raised about whether the manufacturer knew or had reason to know of the dangers of the asbestos in the product, and whether they had reason to believe that users would be aware of the risk of mesothelioma and other diseases. As for causation, the standard under maritime law requires proof of exposure to the product and that the product was a substantial factor in their injury. Each of these questions will be decided by a jury.
If you or someone you love has been affected by exposure to asbestos, the Patient Advocates at Mesotheliomoa.net can guide you through your options and rights. Contact us today at 1-800-692-8608.
