James Sarjeant was diagnosed with malignant mesothelioma after years as a construction worker at the Todd Shipyards. His personal injury lawsuit names multiple defendants that he blames for having negligently exposed him to asbestos and has involved requests for documentation from some and requests for dismissal from the case from many others.
Mesothelioma Follows Exposure to Asbestos from Ships Being Constructed or Repaired
According to Mr. Sarjeant’s claims, he was exposed to Foster Wheeler’s asbestos-containing equipment, including marine boilers, on ships being constructed or undergoing repair at Todd Shipyards from 1960 to 1964. He also points to several asbestos-containing products, including Kaiser Gypsum and DAP joint compound and other materials made using Vanderbilt Talc.
The mesothelioma victim requested records regarding Foster Wheeler’s equipment aboard specific ships undergoing repair at Todd Shipyards during the time he worked there, and the company objected to the request, arguing that more specificity was required in order for it to conduct a meaningful document search. At the same time, Vanderbilt issued a motion for summary judgment regarding his use of DAP and Kaiser Gypsum products, arguing that the victim’s testimony about the use of the products was inconsistent.
Judges Weigh in on Questions Regarding Mesothelioma Claim
In the first instance, Chief Magistrate Judge Donna M. Ryu of the U.S. District Court of the Northern District of California noted Mr. Sarjeant’s testimony that he saw work performed on Foster Wheeler boilers on ships under repair at Todd Shipyards during the years he worked there and decided that the documents the mesothelioma victim was requesting were both relevant and discoverable.
Regarding Vanderbilt’s summary judgment request, District Judge Vince Chhabria granted the request for summary judgment regarding DAP products but denied it regarding Kaiser Gypsum products, indicating that there are genuine disputes of fact to be determined by a jury. He also deferred the company’s request regarding their assertion of fraud pending additional depositions from the victim.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can provide you with the resources you need as you move forward. Contact us today at 1-800-692-8608 to learn more.
