Mesothelioma Widow’s Claim Against Brake Manufacturer Restored
Though a lower court had initially agreed with an asbestos company and dismissed the mesothelioma claim against them, a California appeals court overturned that decision, allowing a mesothelioma widow’s claim against them.
Rail Vehicle Brake Company Accused of Negligence in Mesothelioma Lawsuit
The mesothelioma lawsuit was filed by Susan Hahn, the widow of mesothelioma victim Richard Hahn. Hahn had worked for the San Francisco Municipal Transportation Agency for years, and though the family knew that it was exposure to asbestos that had killed him, their list of companies whose products he’d been exposed to was incomplete. As many plaintiffs do and as the law allows, they chose to refer to those yet undiscovered companies as Doe defendants.
The family eventually added the name of New York Air Brake to their list of mesothelioma defendants after discovery showed that the company, which had been mentioned in an earlier decision, did use asbestos in their products. The company objected to their addition and filed a motion for summary judgment, arguing that the family “knew or should have known” that they were an asbestos supplier and that their filing was late.
Lower Court Decision in Mesothelioma Claim Overturned
Though the trial court agreed with the company and dismissed the mesothelioma claim, California’s First Appellate District ruled that the lower court had applied the incorrect standard in their decision. They noted that it would have been impossible for the widow to include the company’s name until they had established that they manufactured brakes that contained asbestos. This decision upholds a 100+ year old doctrine that holds plaintiffs to a looser standard to plaintiffs than to defendants when it comes to “negligent ignorance.”
The appellate court noted that the mesothelioma widow had applied “reasonable diligence to obtain the facts” that the asbestos company argued she “should have known.” In this case, while an executive had named the company as having made the brakes that were used in the rail cars that Mr. Hahn had worked with, it wasn’t until later that Boeing provided documents that confirmed that the brakes contained asbestos. The case will move forward for a jury to hear.
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