Mesothelioma is a deadly form of cancer caused by exposure to asbestos. When a mesothelioma patient decides to seek justice from those responsible, the first step is to identify all of the companies involved. In a recent case, shipping company SeaRiver Maritime objected to being named as a defendant following a victim’s death. Despite their arguments, the judge hearing the case decided they would have to answer for their role in his illness.
Man’s Mesothelioma Traced to Job as Pipefitter’s Helper
Paul Hotard died of malignant mesothelioma in September of 2021, about a year and a half after his diagnosis. Before his death, he traced his asbestos exposure to the time that he worked as a pipefitter’s helper for Huntington Ingalls Inc. at the Avondale Shipyards. He filed suit against multiple defendants, including SeaRiver Maritime, whose asbestos-contaminated vessels he helped to build.
The company filed a motion for summary judgment to have the mesothelioma claim against them dismissed. They asserted that though they did own at least one supertanker that Mr. Hotard had helped to construct, they should not be responsible because they had no duty to warn somebody else’s employee of the risks of his job and that they had no legal control over his worksite. They were joined in their legal pleading by Exxon Mobil Corporation, which was also named in the suit.
Judge Reviews Rules Regarding Negligence for Mesothelioma Claims
In reviewing the facts of the mesothelioma claim, District Judge Eldon E. Fallon of the U.S. District Court of the Eastern District of Louisiana reviewed the elements required to establish liability for a negligence claim. He noted that the companies’ argument that they were not in control of the ships was insufficient because under the vessel contracts, they were deemed to become the property of the purchaser at the moment they arrived at the contractor’s works, even before the actual transfer of possession.
As for the question of control of the work environment, though the judge conceded that it was Mr. Hotard’s employer who had control of his work environment, the shipping companies also played a role by expressly or impliedly authorizing unsafe work practices – in this case, the inclusion of asbestos in the ship’s construction despite being aware of the dangers posed by the carcinogenic material. As a result, the judge agreed that the companies had created the risk of his asbestos exposure, and played a role in establishing an unsafe working condition. Neither company will be dismissed from the claims.
If you or someone you love has been diagnosed with malignant mesothelioma, the first step in pursuing justice is establishing how you were exposed to asbestos. For help with this and many other challenges, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
