The adult children of a man who passed away from mesothelioma recently won a huge court victory when an appeals court upheld a lower court’s ruling allowing the group to proceed with their own wrongful death claims against asbestos companies they say are responsible for their father’s passing. The case is another classic example of asbestos companies and other negligent parties avoiding responsibility for their indifference to public safety and compensating victims and their families for the harm incurred.
The case began years ago when the plaintiff filed his mesothelioma cancer lawsuit in a California Superior Court against several defendants, accusing the group of manufacturing and marketing asbestos contaminated products that caused his mesothelioma cancer diagnosis. The plaintiff was able to settle his asbestos cancer claims with all but two of the defendants, Elementis Chemicals, Inc. and Union Carbide Corporation (UCC), and eventually went to trial to hold the remaining parties accountable.
The jury eventually ruled in favor of the plaintiff, apportioning some of the blame to Elementis Chemicals and UCC, for which the two defendants would receive some credit since other parties already settled cases with the plaintiffs, effectively reducing the amount they owed the plaintiff. During an appeal, the victim passed away from mesothelioma and the plaintiff’s wife was able to settle the claims with Elementis Chemicals.