Malignant mesothelioma is a rare and fatal form of cancer caused by exposure to asbestos. While most cases are traced to workplace exposure, some are connected to home chores such as laundering asbestos-contaminated work clothes, and others to living in close proximity to sites where the carcinogen was used. A recent lawsuit revealed how childhood exposure eventually led to a diagnosis and saw a Texas company attempt to evade responsibility for its product.
Mesothelioma Victim Recalls Texas Company Products at Construction Sites he Visited with his Father
Michael Galier is an Oklahoma man who was diagnosed with malignant mesothelioma in 2012. In identifying the source of his asbestos exposure, he recalled that throughout the 1970s he had seen Murco Wall Products’ name on products he had seen at his father’s construction sites around Moore, Oklahoma. He remembered playing at those sites and sweeping up after subcontractors. He and his brothers had even thrown dried clumps of drywall joint compound at each other and swept drywall dust into paper bags to throw at each other as “grenades.”
Galier named Murco Wall Products as a defendant in a mesothelioma lawsuit, accusing the company of negligence and product liability. In response, the Texas-based company argued that the Oklahoma courts had no jurisdiction over their company. Mr. Galier asserted that he was an Oklahoma resident who was injured in the state by the company’s products that they had purposely sold in the state, and that therefore they were subject to rulings by Oklahoma’s courts.
Oklahoma Courts Deny Texas Asbestos Company’s Arguments in Mesothelioma Case
Murco’s argument against being subject to Oklahoma courts justice was denied by a district court, and the company was found forty percent responsible for Mr. Galier’s mesothelioma. He was awarded damages, but the company appealed and the Court of Civil Appeals affirmed the district court’s decision. After numerous rulings by the Supreme Court of Oklahoma and the U.S. Supreme Court on related matters, the company tried yet again to deny Oklahoma a say in the case’s outcome.
In its final decision, the Supreme Court of Oklahoma again denied Murco’s argument against being held liable for Mr. Galier’s mesothelioma under Oklahoma law. The company asserted that they should not be held responsible because the victim could not directly trace the company’s product to his personal exposure. In response, the court pointed out that the law did not require a victim to provide this level of proof, and that a nonresident company could be held “to account” for related misconduct when the company exercises the privilege of conducting activities within the state. They also noted that the company had actively pursued the Oklahoma market for asbestos joint compound. The judgment for Mr. Galier will stand.
If you or someone you love has been diagnosed with malignant mesothelioma and you want to pursue justice, it is important to know exactly where you were exposed to asbestos. For help with that and other challenges, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
