Shipyard Sides with Mesothelioma Victim’s Family in Naming Vessel Repair Company as Defendant
When James Grant Gooding died of malignant mesothelioma, he was in the midst of seeking justice from a number of companies he accused of negligently exposing him to asbestos. Chief among them was Avondale Shipyard, a frequent defendant in asbestos cases. Mr. Gooding had participated in constructing, maintaining, and repairing various vessels as well as ships’ boilers in Avondale’s shipyard. While defending itself, Avondale asked that a third party, vessel repair shop Buck Kreihs, be added to the suit, and Gooding’s family agreed. Despite Buck Kreihs’ objections, the court agreed and allowed the addition to go forward.
Mesothelioma Blamed on Exposure Throughout Coast Guard Veteran’s Life
While Mr. Gooding’s mesothelioma was partly blamed on asbestos exposure he suffered while serving in the U.S. Coast Guard from 1967 through 1970, his family also pointed to his work as a Marine Inspector in the years after his service. That was the justification for naming Avondale Shipyard as a defendant. Their site, notoriously contaminated with asbestos, was where much of his work took place.
In the course of defending themselves against the potential for a significant mesothelioma damages award, Avondale noted that much of Mr. Gooding’s exposure during those years occurred when he was working at other shipyards as a field surveyor for American Bureau of Shipping. Buck Kreihs’ yard was one of those locations. The vessel repair company petitioned the court to have the case against them dropped, arguing that there was no evidence of their role in Mr, Gooding’s death.
Court Weighs Arguments from Mesothelioma Victim’s Family and Defendant
Though Buck Kreihs’ attorneys objected to Avondale Shipyard’s crossclaim, Mr. Gooding’s family agreed with their primary named defendant that the smaller vessel repair company could be added to their claim. That created an unusual dynamic in which the victim’s family and the company they were suing joined forces.
Despite Buck Kreihs’ argument against being named as a third-party defendant in the mesothelioma case, the judge hearing the case allowed Avondale’s crossclaim to stand. He noted that there was sufficient testimony and evidence to support the theory that Mr. Gooding would have been exposed to asbestos-containing products in Buck Kreihs’ yard as well.
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