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Minnesota Appeals Court Denies Asbestos Manufacturer’s Bid to Dismiss Mesothelioma Cancer Lawsuit

Posted by Michael Throneberry | Sep 05, 2020

A Minnesota appeals court recently denied a motion by the defendant-asbestos manufacturer in a mesothelioma cancer lawsuit to dismiss the case on the grounds that the company had long since left the state. In its ruling, the Court of Appeals of Minnesota upheld the lower trial court's decision not to throw out the case, determining that personal jurisdiction exists over the company and that the case may proceed and eventually be heard by a jury, if the matter is not resolved sooner.

According to the mesothelioma cancer lawsuit, filed in Ramsey County District Court, the plaintiff developed mesothelioma cancer as a result of exposure to asbestos fibers from the Conwed Corporation's asbestos ceiling tile mill located in Cloquet, Minnesota. The plaintiff claims that his father, who worked at the mill from 1939 until 1975, would return home covered in asbestos dust. The plaintiff claims that he would see bags of asbestos fiber in the mill when he visited his father at work.

The plaintiff's mesothelioma cancer lawsuit goes on to claim that the victim himself went to work at the same Conwed Corporation mill in 1963. The plaintiff claimed that as a result of second-hand asbestos exposure and from his own time at the mill, he developed mesothelioma cancer. The lawsuit alleges that a corporate memo from Conwed in the late 1950s identified the health risks of asbestos exposure but provided no warnings to the mill's employees in order for the workers to decide if it was safe for them to work at the site.

In its attempt to have the case dismissed, the defendant asserted that it would be unfair for the corporation to stand trial in the county where it had not been located for over 35 years. Fortunately for the plaintiff, both the trial court and the appeals court determined that the state was in fact the proper venue to hear the claim, due to the claims that the plaintiff was exposed to asbestos in the state and that his medical records and potential witnesses also were in the jurisdiction.

The case is another example of the lengths to which many defendant asbestos companies will go in order to skirt liability for the harm they knowingly caused to innocent people. Even before the federal government put strict limits on the use of asbestos, many corporations like Conwed knew for decades about the health risks associated with exposure. While we would expect that wrongdoers would take responsibility for their negligence, the truth is that many corporations would rather deny, delay, and defend otherwise meritorious claims than compensate victims appropriately to help make these plaintiffs whole again.

Arizona Mesothelioma Lawyer

If you or a loved one was diagnosed with mesothelioma, contact our office to speak to one of our experienced mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment.

About the Author

Michael Throneberry

Attorney Michael Throneberry graduated from Purdue University with a Civil Engineering degree. He then served with the United States Army...

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