After her husband Thomas died of malignant mesothelioma, Jane Wixted pursued legal action against the many companies that she holds responsible for negligently exposing him to the asbestos that caused his fatal illness. One of those companies, Crosby Valve, LLC, filed a motion for summary judgment requesting dismissal from the case. The judge hearing the case denied their motion.
Asbestos Company Argues Against Being Included in Mesothelioma Claim
According to Mrs. Wixted’s claim against Crosby Valve, her husband was exposed to asbestos in gaskets that Crosby had recommended be used along with their valves. Though the valve manufacturer argued that the widow had not established that her husband had been exposed to any asbestos products they’d manufactured or that they had a duty to warn about products that would be used in combination with their valves, the judge hearing the case noted that New York law required otherwise.
Justice Adam Silvera of the Supreme Court of New York County referred to previously established decisions regarding toxic tort cases like those involving mesothelioma. In one of those cases, the court had determined that “The manufacturer of a product has a duty to warn of the danger arising from the known and reasonably foreseeable use of its product in combination with a third-party product which, as a matter of design, mechanics or economic necessity, is necessary to enable the manufacturer’s product to function as intended.” That ruling noted that the concept of necessity goes beyond purely mechanical necessity.
Judge Rules Against Valve Company in Mesothelioma Claim
In reviewing the particulars of Mrs. Wixted’s case, the judge noted that she had presented testimony from her late husband’s former co-worker that he had been exposed to asbestos from work involving the company’s valves, as well as prior testimony from the company’s representatives showing that the company had recommended the use of asbestos gaskets with its valves.
Based on this, the judge said that the widow had presented sufficient evidence of the company’s knowledge of the use of asbestos flange gaskets or insulation along with its valves and of her husband’s work with the valves to raise issues of fact to be determined by a jury.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
