Air Force Vet Pursues Mesothelioma Claim Against Brake Manufacturer
Asbestos companies work hard to have mesothelioma cases heard in friendlier federal courts, while victims want their claims heard by juries in state courts. In a lawsuit filed by a retired Air Force veteran, a judge agreed with the plaintiff that the presence of a research and development facility in New Jersey was enough to warrant the case proceeding in the state.
Exposure to Asbestos in B-52 Jet Parts Blamed for Vet’s Mesothelioma
According to the mesothelioma lawsuit filed against Pneumo Abex by Paul and Julie Klick, Paul’s illness was a result of having been “occupationally exposed to asbestos and asbestos-containing products while serving in the United States Air Force between 1967 and 1971. Mr. Klick breathed the airborne dust created from mechanics under his direct supervision maintaining, removing and installing asbestos-containing friction and insulation products on the B-52G and KC-135A.”
In tracing the provenance of the Abex manufactured asbestos-containing brakes that were on the aircrafts, the mesothelioma victim identified a research and development facility that the company operated in Mahwah, New Jersey, and subsequently filed his personal injury action in the Superior Court of New Jersey. The company filed a motion to have the case removed to federal jurisdiction, arguing that Mr. Klick had not come into contact with any of their products in New Jersey and that New Jersey did not account for the majority of their business.
Judge Rejects Asbestos Company’s Arguments Against Mesothelioma Suit Being Heard in New Jersey Court
In reviewing Pneumo Abex’ arguments, the judge noted that personal jurisdiction could be either general or specific, and that specific jurisdiction allowed the mesothelioma victim to file his claim in the state court even though he was a non-resident because Abex had conducted activities within the state and the litigation arose out of or relating to at least one of those activities.
The judge ordered the asbestos company and the mesothelioma victim to conduct further discovery regarding the Mahwah plant to determine whether any of the products that Klick had been exposed to were developed, researched, or otherwise the subject of the work conducted there.
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