Companies which used asbestos in their products have faced hundreds of lawsuits over the past several decades. The majority of these lawsuits have been filed by, or on behalf of, those who have been directly affected by the deadly substance as a result of having worked for such companies. However, a recent asbestos related lawsuit was meant to test just how far the law reaches as it relates to the contraction of asbestos related illnesses.
At issue was the nephew of a man who, several decades ago, used to work with asbestos and bring it home on his clothing. The man’s nephew visited with him frequently at the time and was exposed continuously to the substance. The nephew eventually developed mesothelioma, a rare cancer which is only produced by asbestos exposure. The nephew, in his forties, is now suing Pneumo Abex – company which was responsible for exposing his uncle to the asbestos.
Originally, a trial court found that Pneumo Abex owed no duty to the nephew. But, disagreeing with the trial court, the First Appellate District Court of Appeals ruled that the company would have to stand trial for the asbestos exposure of the nephew. In the ruling justice Stuart Pollak wrote that the case deals with the “asserted liability of a negligence manufacturer to a plaintiff for injuries arising as a result of the plaintiff’s exposure to a harmful substance through contact with the manufacturer’s employee away from the manufacturer’s premises.”
If you have become ill with asbestos related disease, such as lung cancer or mesothelioma, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.
