Repeated Second-Hand Asbestos Exposure Cited in Woman’s Mesothelioma Lawsuit
Though malignant mesothelioma has long been considered an occupational disease, in recent years many people — and particularly women — have been diagnosed with asbestos-related diseases that come from other sources of exposure. While some cases are caused by asbestos contamination of talc powder products that victims have used throughout their lives, others are blaming asbestos that was carried into their homes on the clothes, skin, and hair of family members who worked with or near the toxic material.
Mesothelioma Victim’s Relatives and Husband Inadvertently Exposed Her to Asbestos
In 2020, Linda Crossland got the news that her troubling symptoms were caused by malignant mesothelioma, a rare and aggressive form of cancer that is caused by exposure to asbestos. Though she’d never worked with the material, she recalled that her childhood driveway was made with asbestos concrete, and that her father, uncle, and husband all worked at the asbestos-contaminated Avondale Shipyards from the 1950s through the 1970s. She also learned that her husband had been exposed to asbestos while working for Woodward Design & Build LLC.
Mrs. Crossland filed a mesothelioma lawsuit against many of the companies she blames for her second-hand exposure to asbestos, including her husband’s former employer. She accused them of negligence for having failed to protect him, and her, from exposure to the toxic material.
Company’s Motion to Dismiss Mesothelioma Claim Denied
Upon hearing Woodward Design & Build’s objection to having been named in Mrs. Crossland’s lawsuit, Judge Sarah S. Vance of the United States District Court for the Eastern District of Louisiana allowed them to evade strict liability charges, but sided with the victim regarding her allegations that the company had failed in its duty of care. She pointed to evidence that Mr. Crossland had been exposed to asbestos dust from the materials he worked with, and that employers “owe a duty not just to their employees, but also to their employees’ household family members.”
Additionally, the judge denied the companies’ attempt to block testimony from Mrs. Crossland’s expert witnesses, who were prepared to testify regarding how her husband’s exposure to asbestos-contaminated pipe insulation would have ended up causing her malignant mesothelioma. The case will move forward to be heard by a jury.
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