NJ Mesothelioma Lawyer – Sailor Case

Most clients of any NJ Mesothelioma lawyer worked with asbestos. Asbestos exposure can lead to Mesothelioma, a deadly cancer. Often, victims worked in manufacturing or construction. But, sometimes, the victim worked in a different industry. An industry that you would not normally associate with exposure to asbestos or other harmful substances. For example, a sailor working in the maritime industry.
NJ Mesothelioma Lawyer
A recent New Jersey case illustrates this point.  Henry L.  received from his doctors a diagnosis of mesothelioma.   He died from the disease a year later. Henry had been employed on various commercial dredges.   Henry allegedly worked with numerous asbestos-containing products. He was allegedly exposed to asbestos fibers, dust, and particles.

SAILOR’S FAMILY, THROUGH NJ MESOTHELIOMA LAWYER, SUES EMPLOYERS

On behalf of Henry’s family, a NJ Mesothelioma lawyer sued Weeks Marine, Inc. and American Atlantic Company. The lawyer claimed that Henry was exposed to asbestos while working on those companies’ ships. The attorney filed the lawsuit under the Jones Act. That federal law protects sailors.

A trial judge dismissed the claims against the employers. The judge found that the NJ Mesothelioma lawyer failed to prove that Henry was exposed to asbestos while working aboard the ships. The judge ruled that the lawyer did not present enough evidence.

Henry’s  lawyer appealed. Henry had testified that he had worked with piping and insulation. Even when he was not actually changing the insulation, it would break apart and become airborne. Moreover, the schematic diagram of one of the ships that Henry worked on indicated that asbestos was present on the ship.

The appeals court agreed with the NJ Mesothelioma lawyer. There was enough evidence of asbestos exposure to allow Henry’s case to proceed to trial. Accordingly, the judges reinstated the case.

It seems to me, too, that there was more than enough evidence to warrant a jury trial. I agree with the ruling of the appellate court.

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