ASBESTOS LAWYER SUES RAILROAD, AUTOMOTIVE PARTS COMPANIES
OVER MESOTHELIOMA CANCER CONTRACTED BY DAUGHTER OF WORKER WHO WASHED HER DAD’S ASBESTOS-LADEN CLOTHING
An asbestos lawyer commonly represents people who worked with asbestos. (Mesothelioma is a deadly cancer caused by asbestos exposure.) However, sometimes the client of an asbestos lawyer never worked with asbestos. A recent case illustrates this.
Sandra was diagnosed with mesothelioma. She died from the disease. Sandra claimed that her father’s employment exposed her to asbestos. He was as a train operator.
The father’s job included maintenance of locomotive brakes. In the process, asbestos would collect on his clothing. Upon returning home, he would play with Sandra.
Sandra’s mesothelioma may also have been caused by when Sandra’s dad replaced car brakes after hours. Between 1963 and 1978, her father would buy about one used car each year. He would repair the cars for resale. The cars’ brakes contained asbestos.
From 1970 to 1985, Sandra helped wash her father’s clothes.
Sandra’s expert witness stated that Sandra developed mesothelioma from asbestos exposure from two causes. First, through direct contact with her father. Second, from laundering his clothing.
A New Jersey state trial judge dismissed Sandra’s claims against her father’s employer. The judge ruled that a federal law restricts state court lawsuits against railroads.
But Sandra also sued a number of automotive companies. These companies manufactured or sold asbestos-containing components of car brake systems.
The judge ruled that there was no evidence that Sandra’s contact with car brake dust were frequent enough to cause her illness. Therefore, he dismissed her case entirely.
Sandra’s estate appealed. But the appeals court upheld the trial judge’s ruling.
I strongly disagree with the ruling. It is well-established that mesothelioma can be caused by even minimal asbestos exposure. A jury, not a judge, should decide if Sandra’s asbestos was caused by the auto brake systems in question.
Hopefully, Sandra’s asbestos lawyer will appeal to the state Supreme Court. If so, the Supreme Court should overturn the ruling.
Call us at (888) 316-8288 if you need a mesothelioma lawyer. FREE CONSULTATION. No attorney fee unless you recover compensation.
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