Months after asbestos lung cancer victim Donna Spurling filed her lawsuit against West Virginia’s Fairmont State University, the school has filed a response in its own defense. While the academic institution continues to assert that as an arm of the state, it has sovereign immunity and is immune to personal injury lawsuits where insurance claims are involved, it is also working to cast blame on others who may have exposed the woman to asbestos, including the State of West Virginia itself.
School’s Defense Against Asbestos Lung Cancer Claim Called Inconsistent
On January 9th, the school filed what is known as a notice of non-parties wholly or partially at fault — a legal response asserting that parties other than the named defendants may actually be at fault for the plaintiff’s injuries. The filing names 143 different entities, as well as open-ended references to any equipment or insulation manufacturers whose products the woman may have been exposed to occupationally or in any other way, including during the time that she served in the U.S. military.
In response to the extensive list of parties that the school suggests might be at fault for his client’s asbestos-related lung cancer, Ms. Spurling’s representative noted the inconsistency at the heart of the filing. At the same time that the school is arguing that it is protected by its status as a state entity, it is also pointing at the state as being responsible for her injuries.
University Seeks State Protection Against Asbestos Cancer Liability While Also Blaming State
Of particular note in Fairmont State University’s filing is a reference to a 1986 lawsuit that ended with the State of West Virginia allocating $20 million for asbestos remediation at state-owned facilities, suggesting that all parties and nonparties to that decades-old claim are either wholly or partially liable for the asbestos that caused Ms. Spurling’s illness remaining onsite at the school.
If you or someone you love has been diagnosed with malignant mesothelioma or asbestos-related lung cancer, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
