Asbestos-Containing Cement Pipes Blamed for Mesothelioma Death
Peter A. Lowe, Sr. died of malignant mesothelioma before he could get justice from the companies whose products exposed him to asbestos, but his widow and son are pursuing the case on his behalf. Their suit names several companies whose cement pipe he worked with for years while performing “all types of excavation and water/sewer connection” work. Though one of the companies attempted to have the case against it dismissed, the victim’s deposition testimony was enough to persuade the judge to allow the claim to stand.
Multiple Asbestos Pipe Companies Named in Mesothelioma Claim
Mr. Lowe died of his mesothelioma in 2019, sixty years after he began working for his father’s excavating and construction company and forty-one years after he took over his father’s business. In testimony provided before he died, he explained that much of his work involved sizing and cutting concrete pipes, and that in the years between 1965 and the late 1970s, those pipes were heavily infused with asbestos.
His mesothelioma lawsuit named three companies whose brands of pipe he purchased and worked with: Johns-Manville, CertainTeed, and Italit. He was certain of the company names because they were stamped onto the pipes themselves. He also noted that none of the suppliers of the pipes had provided any type of warning about the dangers of inhaling asbestos dust.
Pipe Supplier Files Motion to Evade Liability for Mesothelioma Death
Colony Lumber was one of the companies that supplied asbestos to the mesothelioma victim’s company, and its successor, Kamco, was named in the suit. Kamco filed a motion to have the mesothelioma claim against it dismissed, asserting that though it had merged with Colony Lumber in 1998, a fire had destroyed Colony Lumber’s records in the 1970s, and therefore there was no proof that Colony had sold asbestos-containing pipes to the victim.
Though the Rhode Island judge hearing the case agreed that no evidence had been submitted, he ruled that the deposition testimony provided by the mesothelioma victim before his death was consistent with other supporting evidence pointing to the sale of the asbestos-containing pipes. Therefore, the case against the company will be allowed to continue.
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