Navy Mechanic’s Lung Cancer Claim to Proceed Against Corporate Giants
After her husband died of asbestos-related lung cancer, Leona Rhoades filed a wrongful death lawsuit against the companies she blamed for his death. Out of the 43 original defendants, most settled out of court or had the claims against them dismissed. This left General Electric Company, Northrop Grumman Corporation, and Raytheon Technologies Corporation, and though all three filed motions for summary judgment, the judge hearing the case ruled that they proceed to trial.
Widow Seeks Justice from Asbestos Company Following Husband’s Lung Cancer Death
Dewey Rhoades died of asbestos-related lung cancer after decades of having worked on U.S. Navy ships and other job sites, including Erie Forge and Steel, Odeco, and Pensacola Aviation Center. Though he was exposed to asbestos-containing materials at all of those job sites, the majority of his exposure came from his time working for the Navy as an Air Force power plant mechanic, primarily working on engine repair. Because he died before he could provide testimony about his exposure, Mrs. Rhoades enlisted former Naval officers to provide depositions about the asbestos exposure from the work he performed.
The deposition testimony provided by the veterans confirmed that in his role, the lung cancer victim would have worked on several different models of the defendants’ aircraft. They explained that each model was powered by Pratt & Whitney engines built with asbestos-containing parts made by the defendants.
Widow’s Case Blames Asbestos-Containing Parts for Lung Cancer Death
Pointing to their asbestos-containing parts as responsible for her husband’s death, Mrs. Rhoades accused all three manufacturers of negligence. Though the companies argued that the law cited in her claim did not apply to them, that she lacked supporting evidence, and that they were protected by the law of derivative sovereign immunity, the judge denied each argument, concurring that the veterans’ testimony had met the required test for locality and causation. He allowed the case to move forward.
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