Paul Hotard died of malignant mesothelioma despite never having worked directly with asbestos. The shipyard worker spent years working for Avondale Shipyards, where he handed pipe to pipefitters and tacked pipe together for a welder to weld. He blamed SeaRiver Maritime, the owner of the vessels on which he worked, for failing to warn him of the risks of working within their asbestos-contaminated ships. Though the company moved to have the case against them dismissed, a judge ruled that they had responsibility for the premises in which Mr. Hotard worked, and that genuine issues of material fact need to be decided by a jury.
Mesothelioma Victim Blames Vessel Company for Asbestos Exposure
After Mr. Hotard died, his widow Patricia replaced him as a plaintiff in his mesothelioma lawsuit. She sought compensation for his injuries and expenses as well as for his pain and suffering, and accused SeaRiver Maritime of negligence and strict liability. The company filed a motion to have her claim dismissed, arguing that it did not have a duty to warn Mr. Hotard because they did not control his work environment at the Avondale worksite, nor did they have legal control.
In response, Mrs. Hotard argued that the company had failed to warn her husband of the dangers of asbestos despite being aware that the hazard was inherent to constructing ships in accordance with their design. Her attorneys also indicated that her husband had worked on the vessels after they were delivered to the company’s custody and control.
Judge Denies Vessel Owner’s Arguments Against Mesothelioma Claims
In reviewing the case, the court noted the grounds for summary judgment in the mesothelioma claim and indicated that the ship’s owner had not met the requirements. They noted that Mrs. Hotard had succeeded in creating a fact issue about whether the company had affirmatively established an unsafe working condition, and pointed to evidence that the company had known as early as 1949 that asbestos had a direct relationship to fibrosis and cancer of the lungs. The case will move on to a jury.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, identifying the source of exposure is just the start of your journey to justice. For help with the process, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
