Despite Oil Company’s Arguments. Lung Cancer Victim’s Lawsuit Will Proceed
A welder diagnosed with asbestos-related lung cancer has filed a lawsuit against multiple companies, asserting different causes of action against each: negligence claims against certain defendants, product liability claims against manufacturers, and premises liability claims against property owners. One defendant filed a petition for dismissal of the case against them, but the district court judge for the Eastern District of Louisiana denied their request.
Long-Time Welder Blames Asbestos Exposure for Lung Cancer
The lawsuit was filed by Mallory Ware, who points to asbestos exposure during his years working as a welder and hammer operator between 1973 and 1989 for his illness. One of his employers was Marathon Oil Company, and when he included them as a defendant in his claim, the company’s attorneys argued that he had not provided enough evidence of exposure in their environment to justify their inclusion. They called his complaint a “shotgun pleading,” arguing that they had been included with other defendants without sufficient facts to substantiate the claim.
In the face of the oil company’s petition for dismissal of the asbestos lawsuit, Mr. Ware’s attorneys countered that the facts they’d provided about exposure on the oil company’s site were enough for the early stage of the process. The claim that the oil company objected to had included accusations of asbestos-containing dust and welding fumes within the victim’s work environment.
Lung Cancer Victim Prevails in Early Stage of Litigation
The lung cancer victim’s attorneys noted that only a minimal amount of evidence is required at the early stage of the victim’s litigation, and U.S. District Judge Darrel James Papillion agreed. He noted that the victim’s claim had included a period of exposure, a legal theory behind the lawsuit, the activity alleged to have caused his lung cancer, and the damages the victim was seeking. With those aspects all included, he rejected the idea that they had been included indiscriminately and ordered the oil company to prepare an answer and prepare for a discovery process.
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