Harold Cox died of malignant pleural mesothelioma on October 8th, 2019, but before he died he and his wife Doris filed a personal injury lawsuit against multiple defendants they blamed for his exposure to asbestos and his subsequent illness. Doris has continued his fight, and recently won a legal victory against boiler manufacturer Foster Wheeler. The company had attempted to have the case against it dismissed, but Magistrate Judge Sherry R. Fallon of the U.S. District Court in Delaware denied its motion for summary judgment and is allowing the case to proceed to trial.
Mesothelioma Victim Cited Primary and Secondary Exposure to Asbestos in Foster Wheeler Products
According to deposition testimony provided before he died, Mr. Cox believed that his mesothelioma was a result of both primary and secondary exposure to asbestos. He detailed the work that he performed on Foster Wheeler boilers onboard the U.S. S. Chukawan when he served in the U.S. Navy from 1965 through 1968. He removed rope seals from boiler doors and cleaned gaskets using a scraper, as well as replacing gaskets using a hammer and cleaning out tire tubes inside the boilers. In addition to this direct exposure, he recounted his four-hour morning checks that required him to stand on a catwalk above four Foster Wheeler boilers on which others were working.
As is often the case in mesothelioma lawsuits, in addition to his own deposition given in April of 2019, Mr. Cox had supporting testimony from an expert witness. Captain William Lowell testified in January of 2020 that during Mr. Cox’s time of service the boilers present on the Chukawan were Foster Wheeler boilers, and that the work Mr. Cox and others performed would have resulted in the asbestos within the products being disturbed and the toxic particles rising into the air and being inhaled.
Judge Denies Motion to Dismiss Mesothelioma Claim
Though Foster Wheeler argued that the mesothelioma lawsuit against them should be dismissed for a number of procedural reasons, as well as doubt as to the material facts concerning causation and whether they had a duty to warn of asbestos’ dangers, the judge denied their motion. She pointed out that there were disputes of material facts regarding many of the issues that had been raised, including whether the company had reason to believe that asbestos was dangerous or that users would realize the danger of using their products. Mrs. Cox will be able to move forward to have a jury make a decision about the company’s role in her husband’s death.
If you or someone you love has been exposed to asbestos and diagnosed with malignant mesothelioma, you may be eligible to seek justice from those responsible. For more information, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
