Widow Prevails as Missouri Court of Appeals Reverses Decision in Asbestosis Case
The widow of a man who’d worked for years on asbestos-contaminated boilers saw her wrongful death lawsuit dismissed because the boiler manufacturer she accused of responsibility argued that nobody had seen him physically touch their boilers, so there was no proof that they were the cause of his asbestosis. Upon appeal the ruling was overturned, and she will have the chance to let a jury decide.
Asbestosis Case Revolved Around Circumstantial Evidence
One of the most challenging aspects of pursuing justice in a mesothelioma lawsuit — or any claim having to do with an asbestos-related disease — lies in proving that a specific asbestos-contaminated product was the cause of the victim’s illness. This is particularly true because the asbestos companies that make these products work so hard to keep the cases from being heard by a jury in the first place. An example of this took place recently in the state of Missouri.
When Mary Callanan and Kelley Miller filed a wrongful death lawsuit following Ronald Callahan’s asbestosis death, they claimed that the boilers manufactured by Cleaver-Brooks were responsible for his death. But the company responded by arguing that there was no proof that Callanan was exposed to asbestos from their products, even though they did not argue that their boilers were contaminated with the carcinogenic material.
Witness Testimony Convinces Judge that Asbestosis Decision Was Wrong
While the company’s argument against their own liability was that the proof of causation was only circumstantial, the judges on the Court of Appeals felt that the testimony given by witnesses was enough to raise a question for a jury to consider. This included testimony about working with the boilers from a fellow field inspector who had performed the exact same work as Mr. Callahan during the same time period, but because the two had worked independently he could not attest to anything but an assumption that the victim’s experience was the same as his own.
If you or someone you love has been affected by an asbestos-related disease, you need information and advocates in order to get the justice you deserve. The Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.FREE Mesothelioma Packet