It has been almost five years since Leon Franklin Lamson, Jr. died of malignant mesothelioma, but his family has continued fighting for justice on his behalf, and this week they won a significant decision when the Pennsylvania Supreme Court rejected the arguments made by asbestos companies and refused to disturb an earlier court decision allowing his case to be heard by a jury.
Original Mesothelioma Lawsuit Ended In Summary Judgment
The original mesothelioma lawsuit was filed by Mr. Lamson’s family against multiple defendants, including Weyerhauser Co., International Paper Company and Georgia Pacific LLC. Those companies moved for summary judgment, arguing that Mr. Lamson’s family hadn’t provided enough proof that he had been exposed to asbestos from their products. At that time, Judge Idee C. Fox of the Philadelphia Court of Common Pleas, agreed.
Lamson’s family then appealed the case to the Pennsylvania Superior Court, which overturned the lower court’s decision regarding the mesothelioma case. The companies then appealed the case to the state’s highest court, which refused to disturb the appeals court’s ruling.
Mesothelioma Victim’s Asbestos Exposure Came From Asbestos Cores in Ship Doors
Mr. Lamson was diagnosed with malignant mesothelioma after having worked as a general foreman and carpenter at the Philadelphia Navy Yard for almost thirty years. Included among his responsibilities was the repair of fire doors on various ships, and many of those had cores made with asbestos.
Although testimony was provided indicating that he had sawed, sanded and drilled through doors, thus exposing him to asbestos dust, and the companies acknowledged having doors that contained asbestos, they argued that his work might only have involved the door’s edges, and might not have disturbed the asbestos core. While the lower court agreed that there was no proof of the asbestos having been disturbed, the Superior Court disagreed, and the Supreme Court is permitting their decision to stand. This means that the Lamson family will be able to take their case to court.
Exposure to asbestos has destroyed countless lives. If you or someone you love has been affected by mesothelioma or any other asbestos-related disease and you need information about the resources available to you, we can help. Contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
