After Ralph Pappagallo died of lung cancer, his family filed a personal injury lawsuit against John Crane, Inc., as well as other companies whose asbestos-containing products he was exposed to during his four decades of work. Though the notorious asbestos manufacturer removed the case to federal court based on the federal officer removal statute, the plaintiffs successfully argued that the law did not apply to their claim, and the court returned their lawsuit to state court.
Lung Cancer Victim Suffered Occupational Exposure to Asbestos in Shipyard
According to the lawsuit originally filed in the Philadelphia County Court of Common Pleas, Mr. Pappagallo’s suffering and death from lung cancer were a result of exposure to asbestos through his work for Bethlehem Steel at the Hoboken Shipyard. The deposition of one of his former co-workers revealed that his duties had included working on both Navy and U.S. Coast Guard ships, which prompted defendant John Crane, Inc. (JCI) to remove the case to federal court, citing the federal officer removal statute.
In response, the asbestos lung cancer victim’s family filed for the case to be remanded to the local court, and waived any claims arising out of work Mr. Pappagallo had performed on federal ships. They noted that the JCI gaskets specified in their lawsuit had been used in commercial ships as well as the Navy and Coast Guard vessels serviced at the shipyard.
Asbestos Manufacturer’s Objections Rejected by District Court
In its argument for the case remaining in federal court, John Crane, Inc. asserted that Mr. Pappagallo’s exposure to asbestos on commercial vessels was indivisible from that in military vessels, but U.S. District Judge John M. Gallagher rejected their theory. He noted that, unlike other contamination cases where both federal and commercial work was done in the same location, asbestos exposure can be assigned to specific incidents and duties. He also noted that the company had not made a distinction between the rigorous specifications it met for gaskets for federal ships and those supplied for the shipyard’s commercial clients.
The judge concluded that judicial economy, convenience, and fairness to the parties made the local court the more reasonable venue. The family will move forward with the case in the Philadelphia court.
If you or someone you love has been diagnosed with mesothelioma, lung cancer, or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
