Widow Files Mesothelioma Lawsuit Against Car Parts Companies
Years before he was diagnosed with malignant mesothelioma, Ronald Carpenter worked as a truck driver. That job entailed spending a lot of time in auto shops, watching his vehicles being repaired. When he was diagnosed with the deadly form of cancer, he realized that he’d been exposed to asbestos from auto parts placed in his trucks, and after he died his widow filed suit against the auto parts companies. Though the companies attempted to have the case against them dismissed, a California court rejected their argument and allowed the case to move forward.
Auto Parts Companies Facing Mesothelioma Lawsuit Knew of Asbestos Dangers
Though both BWDAC, Inc. and Paccar Inc. filed motions for summary judgment, asking for the mesothelioma lawsuit against them to be dismissed, Judge Laura Seigle denied both requests. The judge reminded the parties of the overarching requirement that they prove there was no way that their parts could have caused Mr. Carpenter’s illness. She also looked at the arguments that each company had made on its own behalf, pointing out why neither one would justify the case being dismissed.
Specific Arguments Addressed in Mesothelioma Decision
In speaking to BWDAC’s argument, the judge noted that before dying of mesothelioma Mr. Carpenter had testified to using Borg Warner clutches in his trucks and that BWDAC had purchased all of that company’s assets in 1981, as well as their liabilities. The judge also shut down BWDAC’s argument that they’d only sold their products to warehouses and distributors, pointing out that the shop that Mr. Carpenter had frequented may have purchased BWDAC’s parts at those warehouses.
Similarly, though the judge took note of Paccar’s argument that their products would have been installed at an auto assembly plant rather than in a shop, the judge pointed out that the parts the mesothelioma victim had been exposed to might not have been original. She also upheld the widow’s right to seek punitive damages against them because she had presented proof that they had been aware of the dangers of asbestos.
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