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Brake Manufacturer Must Go Before a Jury in Mesothelioma Death Case

Posted by Michael Throneberry | Aug 19, 2023

For purposes of this article, the victim in this case will be referred to as Mrs. J.S.

Unfortunately, defendants are sometimes unwilling to compensate surviving loved ones of mesothelioma victims. Some defendants file motions to dismiss mesothelioma wrongful death cases, and when these motions are granted, surviving loved ones are left suffering. One defendant who tried to have a mesothelioma wrongful death case dismissed is a brake manufacturer whom a family blames for the second-hand asbestos exposure that caused the malignant mesothelioma that killed their loved one. Mrs. J.S., the deceased victim in the case, had cleaned her husband's clothes for years before her mesothelioma diagnosis. Mrs. J.S.'s husband was responsible for taking care of Mack's heavy trucks' brakes between 1969 and 1993.

After Mrs. J.S. died of malignant mesothelioma, her family filed a claim against Carlisle Industrial Brake & Friction. Carlisle sold brake linings to Mack. The family blamed the malignant mesothelioma that Mrs. J.S. suffered when cleaning her husband's clothes on Carlisle. When the defendant found out they were facing a legal claim, they petitioned the court to have the case dismissed, and the court granted the motion. According to Carlisle, Mack had bought asbestos-contaminated linings from other third-party manufacturers. The defendant argued that there was not any specific proof that Mrs. J.S. had been exposed to their products. The court sided with Carlisle and granted the motion for summary judgment.

However, the family did not give up. Mrs. J.S.'s family appealed the trial court's ruling to Florida's Court of Appeal. Mrs. J.S.'s family managed to provide enough evidence and prove that it was more likely than not that Mrs. J.S. had been exposed to Carlisle's asbestos products even though there were eleven authorized suppliers that sold asbestos-containing brake linings to Mrs. J.S.'s husband's employer. In the end, the appeals court decided that a jury would decide the case.

Second-Hand Asbestos Exposure

Occupational asbestos exposure is the most common form of asbestos exposure, with the top at-risk occupations for asbestos exposure including construction work, firefighting, industrial work, power plant work, shipyard work, mechanic work, and mining. However, occupational asbestos exposure is not the only form of asbestos exposure. Secondary or second-hand asbestos exposure is another form of asbestos exposure that some people may not know about. While occupational asbestos exposure is the main cause of mesothelioma and other asbestos-related illnesses, such as asbestosis, second-hand asbestos exposure can also cause mesothelioma and other asbestos-related diseases. Secondary asbestos exposure occurs when a person who does not directly work with asbestos or asbestos-contaminated materials suffers exposure. For example, when a worker brings home asbestos fibers on their clothing, skin, hair, or gear, household members can be exposed and suffer mesothelioma or other asbestos-related illnesses.

Arizona Mesothelioma Lawyers

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you and your family live a more comfortable life.

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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