Appeal in Mesothelioma Case Establishes New Standard of Liability
When Deborah Johnson’s husband Bruce died of malignant mesothelioma, the couple filed a personal injury lawsuit against The Edward Orton Jr. Ceramic Foundation. Their claim, which pointed to the packing material that the company’s products were packed in, was dismissed by a lower court, but a recent decision by the Seventh Circuit both reversed that decision and established a new standard of liability that extended a company’s duty to include the material used in packaging and shipping their products.
Ceramic Artist’s Mesothelioma Blamed on Packing Material that Kiln Cones Were Shipped In
Mrs. Johnson’s personal injury lawsuit against the ceramics foundation did not blame their pyrometric cone products for her husband’s mesothelioma death. Rather, she pointed to the pure vermiculite that the cones were packed in.
Company records showed that they’d purchased the material over two separate time periods from W.R. Grace & Company. The vermiculite the company sold was contaminated with asbestos, and the mining operation that has been blamed for hundreds of mesothelioma and asbestos-related deaths.
Seventh Circuit Overturns Lower Court’s Mesothelioma Decision
The company successfully argued that they had not known about the dangers of vermiculite, and that they should not have to defend against the mesothelioma claim because they had not been the packing material’s manufacturer. But the widow appealed that decision, and won a significant victory. In reversing the lower court’s decision, the Seventh Circuit wrote that despite Orton’s claim that they’d had no “actual knowledge” of the dangers of asbestos, the court found that by September of 1981, it was highly probable that they were aware of its risks.
The court’s decision is expected to have far-reaching impact, as it establishes a precedent that companies can be held responsible for mesothelioma for reasons beyond the actual products that it sells or manufacturers. Adding the means of transportation significantly extends the potential scope of future claims.
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