Mesothelioma Victim’s Family Gets Chance to Continue Case
Despite the fact that they are repeatedly named in mesothelioma lawsuits, most asbestos companies continue to fight every claim that’s filed against them. That’s what happened recently with Vanderbilt Minerals. When the company — a supplier of industrial talc — was named in a wrongful death lawsuit filed by widow Maria Gonzalez, they filed a motion to have the claim against them dismissed, but a Los Angeles Superior Court judge denied their request.
Mesothelioma Widow Points to Asbestos in Talc and Putty as Cause of Husband’s Death
According to Mrs. Gonzalez’s claim, her husband Roberto’s mesothelioma death was caused by his exposure to asbestos in Vanderbilt Mineral LLC’s talc. The company had provided talc to talcum powder companies, as well as to Durham Rock Hard putty. The family pointed to Gonzalez’ use of the putty product and presented expert witness testimony confirming that both the putty and the company’s talc had contained asbestos.
In addition to presenting significant evidence about asbestos in the putty product, the mesothelioma victim’s family noted that Vanderbilt was the only supplier for the product. In addition to seeking compensatory damages, they requested punitive damages be assessed against the company, which Vanderbilt also asked to have dismissed.
Judge Rejects Both of Asbestos Company’s Motions
The company’s basis for having the punitive damages claim against them was that the mesothelioma victim’s family had not provided documentary proof that they’d “intentionally [marketed] a defective product knowing that it might cause injury and death.” Despite this assertion, the judge hearing the case rebuffed their claim, noting that there was no requirement for that level of evidence to be submitted at this point in the case. He denied both the company’s motion for summary judgment and the removal of the punitive damages claim and allowed the case to move forward for further discovery and consideration.
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