Mesothelioma Death Leads Family to File Wrongful Death Claim in Local Court

Before mesothelioma claimed his life in June of 2024, David L. Dunlavey took pride in his four-decade career as a pipefitter and steamfitter, but when his fatal diagnosis was directly linked to asbestos exposure he’d suffered on the job, he and his family decided to pursue legal action. Five months after his diagnosis, David was dead, and his sons filed a wrongful death lawsuit against multiple companies in Los Angeles County Superior Court.

Asbestos Exposure During Forty-Year Career Linked to Mesothelioma Death

Dunlavey’s mesothelioma was blamed on occupational exposure to asbestos-containing pipe fittings and steam-fitting systems, including boilers, valves, gaskets, compressors, pumps, turbines, cooling towers, and thermal insulation at various locations and while working on Navy ships, including the USS Saginaw, USS Boulder, USS Racine, USS Spartanburg County, and USS Fairfax County.

Before asbestos was identified as being the cause of mesothelioma, it was a common component of equipment used by pipefitters and steamfitters. The mineral’s heat-resistant properties made it ubiquitous in shipbuilding from the 1930s through the 1980s, and those who worked in those settings faced particularly high asbestos exposure risks from insulation materials wrapped around pipes, boilers, and high-temperature equipment.

Mesothelioma Exposure Occurred Across Multiple Navy Ships and Shipyard Locations

In testimony given before his mesothelioma death, Dunlavey recalled witnessing employees removing insulation on steam lines and other high-pressure pumps and valves, creating visible dust, fibers, and particles that he inadvertently breathed while standing just feet away. He remembered seeing workers removing and tearing out insulation, then sweeping it up in his presence, and using brooms and portable blowers that caused the air to become full of asbestos dust. This was a common practice in shipyards, where pipefitters, insulators, and other trades worked in confined spaces with inadequate ventilation or respiratory protection.

The family’s lawsuit named multiple defendants, including 3M Company, NASSCO, General Electric, Westinghouse, and Kaiser Gypsum—companies that historically supplied asbestos-containing products used extensively in maritime construction. General Electric and Westinghouse manufactured turbines requiring asbestos insulation, Kaiser Gypsum produced asbestos-containing building materials, and 3M supplied various asbestos products, including thermal insulation and gaskets.

Defendant Named in Mesothelioma Lawsuit Claims Government Contractor Immunity

Mesothelioma victims and their survivors generally file claims in courts in the jurisdictions where their exposure and injuries occurred. This offers a familiar environment and often leads to more favorable procedural rules. National Steel and Shipbuilding Company (NASSCO) was among the defendants named in the family’s mesothelioma lawsuit, but the company attempted to remove the claim to federal court based on government contractor immunity. The company argued that its allegedly negligent conduct was protected because Mr. Dunlavey had worked on military vessels.

Though U.S. District Judge Michael W. Fitzgerald disagreed with the mesothelioma victim’s family’s assertion that negligence doesn’t apply to a government contractor defense, he also found that the evidence NASSCO offered to prove Dunlavey’s presence on specific military ships was insufficient. The company had offered an email discussing a confidential settlement, and the judge said that it was too ambiguous and therefore insufficient to warrant federal removal, thus returning the case to the Los Angeles Superior Court.

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Paul Danziger

Paul Danziger

Reviewer and Editor

Paul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.

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