For purposes of this article, the mesothelioma victim, in this case, will be referred to as A.N.
Being diagnosed with mesothelioma is not only overwhelming, but it also comes with the challenge of identifying when and where the asbestos exposure may have stemmed from to hold the responsible parties accountable. In a recent court decision, a Minnesota man's mesothelioma lawsuit has survived an attempt by his former employer to be dismissed from the case. A.N. was diagnosed with mesothelioma in 2023, after which he filed a personal injury lawsuit against multiple companies he believed exposed him to asbestos throughout his career. One of the defendants was his employer, Waldorf Corporation. The company argued that Minnesota's Workers' Compensation Act protected them from liability, but the lower and appellate courts rejected their claim, allowing the case to proceed.
A.N. spent decades working in industries known for asbestos exposure. From the 1960s to the mid-1990s, he worked as a pipefitter apprentice, journeyman welder, and foreman. In his work, he constantly came into contact with asbestos, directly or when supervising asbestos abatement performed by other companies. Following his diagnosis, he and his wife filed a lawsuit against 34 defendants. Among the defendants was his employer, Waldorf Corporation, where he worked for five years. Waldorf attempted to remove itself from the lawsuit, arguing that the state's Workers' Compensation Act protected them from liability. According to most workers' compensation laws, employers are shielded from being sued for workplace injuries or illnesses; instead, they must provide compensation through the workers' compensation system.
However, A.N. and his legal team successfully argued that his exposure to Waldorf's asbestos-containing products occurred before A.N. began officially working for the company between 1985 and 1988. The lower court agreed, ruling that the company couldn't use the law to avoid liability.
Asbestos exposure was rampant from the 1960s to the 1980s before the dangers of the material were widely acknowledged, leading to stricter regulations on its use. Before then, many construction, manufacturing, and shipbuilding workers were regularly exposed to asbestos due to a lack of or minimal proper protective measures. Asbestos, the main cause of mesothelioma, is a heat-resistant mineral that was once widely used in construction and manufacturing but is now known to cause serious health issues. Because mesothelioma can take decades to develop, many people diagnosed today, like A.N., were unknowingly exposed to asbestos more than 35 years ago. This delayed onset makes legal claims complex, as victims have to trace their exposure back to jobs or environments from a long way back.
Despite the lower court ruling, Waldorf Corporation appealed, seeking to overturn the decision. However, the appellate court upheld the lower court's ruling, stating that important factual issues still needed to be resolved in trial, and therefore, the case couldn't be dismissed outright. With this ruling, A.N. and his family will continue their legal fight against all responsible parties.
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 pay for your medical treatment and help you and your family live a more comfortable life.
