Judge Denies Carnival Cruise Request for Mesothelioma Death Arbitration
Basilio Gallo’s widow and daughter filed their mesothelioma claim directly against his long-time employer, Carnival Corporation, as well as other companies they accused of negligently exposing him to asbestos. Though Carnival tried to enforce an arbitration agreement that he’d signed in the last years of his employment, a Florida federal judge denied the company’s request, agreeing with the family that his exposure had not occurred during the time that the agreement was in place.
Employer’s Attempt to Enforce Arbitration Agreement Fails Against Mesothelioma Claim
Though most mesothelioma claims filed by workers name manufacturers and other companies responsible for the equipment that employees are exposed to, in some cases the victims are also able to seek justice from their employers. Mr. Gallo worked onboard Carnival’s popular cruise vessels for more than 30 years, between 1972 and 2008.
Towards the end of his employment, the dangers of asbestos and the risk of mesothelioma was well known and the material had been removed from the ship, but in the earlier years of his employment he suffered significant exposure. Despite the difference in the environment between the beginning and end of his tenure, the company attempted to evade a jury trial by pointing to an agreement that had been signed when the risk no longer existed.
Florida Judge Rejects Carnival Corporation’s Argument in Mesothelioma Case
The Florida judge who was hearing the mesothelioma case listened carefully as Carnival asserted that the wrongful death lawsuit Mr. Gallo’s family had filed in Texas state court was inappropriate because of the arbitration agreement that he signed toward the end of his employment. They wanted the case to remain in Florida, under its arbitration agreement.
But the judge agreed with the family and allowed the case to remain where it had been filed, as a wrongful death lawsuit. Commenting on their victory, a representative noted, “Mr. Gallo served for decades aboard Carnival vessels, and the vast majority of his employment agreements contained no arbitration provisions. There is no evidence that he sustained any asbestos exposure on any of the very few voyages covered by an arbitration agreement. We are pleased that his family can now seek justice before a jury and we look forward to presenting their case in court.”
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