After her husband, David, died of asbestos lung cancer, Jean C. Cox filed suit against Watts Regulator Co. and other defendants, saying that his death had been caused by asbestos exposure to the company’s products. Though the company attempted to have the case against it dismissed based on jurisdictional issues, a federal district court in Pennsylvania ruled that the manufacturer’s extensive Pennsylvania business activities established personal jurisdiction.
Wrongful Death Lawsuit Blames Asbestos Lung Cancer on Shipboard Pipes
Decades before his asbestos lung cancer death, David Cox had worked at the Philadelphia Navy Shipyard as a pipefitter and insulator. When he died a month after being diagnosed, Mrs. Cox filed suit against Watts Regulator Co., blaming asbestos in its steam traps and pressure-reducing valves for his death. Both lung cancer and mesothelioma are asbestos-related diseases commonly affecting Navy veterans and shipyard workers, who faced heavy exposure to asbestos-containing valves, gaskets, pipe insulation, and other equipment.
In response to the widow’s asbestos lung cancer claim, Watts Regulator moved to have it dismissed based on lack of personal jurisdiction, arguing that the widow’s claim failed to prove that it had sold the specific asbestos valves her husband had been exposed to in Pennsylvania during the time he’d worked at the shipyard.
Judge Decides Jurisdiction Issue in Asbestos Lung Cancer Widow’s Favor
Relying on a notable previous ruling, the judges of the Eastern District Court of Pennsylvania denied the pipe manufacturer’s motion. They noted that the asbestos valve manufacturer sold products in every state during the time that Mr. Cox had worked at the shipyard, and that it had “purposely availed itself of and exploited the market in Pennsylvania.” The judges pointed to evidence that the company made direct sales and had extensively used both sales representatives and wholesalers to market valves in the state.
Though the company argued there was no proof it had sold its valves to the Navy in Pennsylvania during the years that Cox worked at the shipyard, the court concluded that evidence of the company’s sales in the state was enough to satisfy the question at hand – whether the case was being heard in the correct court. The ruling allows Mrs. Cox’s wrongful death case to move forward.
If you or someone you love has been diagnosed with mesothelioma or asbestos lung cancer, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
