Filing a mesothelioma lawsuit against an asbestos company is a quest for justice for those harmed by negligence, but the journey is often an emotional rollercoaster. Not only are victims frequently required to testify about the worst days of their loved ones’ lives, but the legal process can be filled with as many disappointments as victories. In a recent case, a mesothelioma widow had her case dismissed, and even faced sanctions, before a Washington State appeals court reversed the lower court’s ruling.
Man’s Mesothelioma Blamed on Multiple Exposures to Asbestos
Lawrence Carroll was diagnosed with malignant mesothelioma in 2015 and died just six months later at the age of 82. An autopsy was conducted that showed the cause of death as malignant pleural mesothelioma, but the tissue samples were destroyed six months later consistent with the pathology company’s policy. Mr. Carroll was then cremated.
In late 2017 and early 2018, Mr. Carroll’s widow Marjorie filed a mesothelioma lawsuit against five bankruptcy court trusts blaming second-hand asbestos exposure to Mr. Carroll’s father’s work clothing for his illness, and a few months later she filed an additional claim against Nissan Motor Company Ltd. for negligently exposing Mr. Carroll to asbestos during the time that he worked as a service and parts manager at several vehicle dealerships owned and operated by Nissan.
Nissan Files Complaint Against Mesothelioma Widow and Her Attorneys
Over the next several years the mesothelioma proceedings were delayed for a variety of reasons, including Nissan having requested the case be heard using Hague rules and the global pandemic. After significant legal wrangling and correspondence, Nissan asked for the complaint against them to be dismissed based on the autopsy proceedings having been destroyed. They further alleged that the destruction was done willfully and deliberately and that testimony the widow and her son provided was misleading. They argued that the autopsy samples would have revealed whether the asbestos fibers in Mr. Carroll’s body were chrysotile fibers used in their products or the amphibole asbestos his father would have carried home on his clothes from the shipyard where he worked.
Though the lower court granted Nissan’s request, dismissing the complaint and imposing fines on the widow and her attorneys, a Washington court of appeals reversed that decision and allowed the case to move forward to a jury. Upon review they found that there was no deliberate action meant to prejudice Nissan’s ability to prepare for trial because the samples were destroyed before the case was filed.
If you or someone you love has been diagnosed with malignant mesothelioma, it’s important that you have knowledgeable advocates working on your behalf. For access to experienced professional assistance, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
