Dismissed Mesothelioma Claim Reinstated by Delaware Supreme Court
A mesothelioma widow seeking justice on behalf of her late husband won an important victory in Delaware’s Supreme Court when the justices overturned a lower court decision that had dismissed her claim. Shelley Droz will now be able to pursue her case against the company she blames for her husband’s illness and death.
Suit Claims Equipment Created Asbestos Dust that Led to Mesothelioma
Eric Droz died of malignant mesothelioma decades after having been exposed to asbestos. According the lawsuit filed by his wife Shelley, as a high school student he’d worked at an auto repair shop, using an arc grinding machine to resurface brake drum shoes that were made with asbestos. The widow’s suit claimed that the machine’s manufacturer, Hennessy Industries, Inc., knew that the equipment would raise asbestos dust but issued no warnings.
Hennessy filed a motion to dismiss Mrs. Droz’ original mesothelioma lawsuit, arguing that she had presented insufficient evidence and that their equipment could have been used on products that didn’t contain asbestos. The Superior Court agreed based on rules of evidence, but following Mrs. Droz’ appeal of that decision, the Delaware Supreme Court reversed and ordered the case continued.
Supreme Court Reverses Decision in Mesothelioma Lawsuit
In reviewing the mesothelioma lawsuit, the Supreme Court noted that Mrs. Droz had shown that there were only three brands of brake shoes used in the shop where her late husband had worked, and that all contained asbestos. That being the case, the court agreed that there was no possibility that he had worked with non-asbestos products.
Chief Justice Collins J. Seitz, Jr. took the time to comment on the difficulties involved in mesothelioma claims, noting that “Asbestos exposure cases are beset with evidentiary challenges. The latency period before disease is lengthy. Memories fade about the circumstances of exposure.”
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