Judge Grants Mesothelioma Widow Two Weeks to Correct Legal Error
Despite multiple legal wrong turns and errors that could have upended her quest for justice, a mesothelioma widow has been granted two weeks to amend her claim and transfer her legal case to the appropriate court of jurisdiction.
Mesothelioma Claim Complicated by Asbestos Company’s Name Change and Relocation
The initial legal claim was filed by Eugene and Elodie Paroni following his diagnosis with malignant mesothelioma. The couple’s research linked his asbestos exposure to several companies that provided parts for turbine equipment he’d worked on, including Ruston Gas Turbines. Though Ruston was based in England, the company had contracted with customers in California to install, repair and service the asbestos blankets that covered turbines in the state, and the couple filed suit there.
When the couple found that the company had been purchased, they amended their mesothelioma lawsuit to name the successor in interest, but made several mistakes along the way involving the company’s name and the appropriate court in which to file their claim.
Mesothelioma Lawsuit Continued After Man’s Death
After Mr. Paroni died from his mesothelioma, Mrs. Paroni continued to pursue a wrongful death claim against the company but was constantly stymied by issues of jurisdiction. When General Electric United Kingdom moved to have her case against them dismissed on those grounds, District Judge Paul A. Engelmayer took a sympathetic view of the widow’s plight and provided her with an extension during which she could correct the errors in her case.
According to the judge, precedent existed for him to permit the mesothelioma claim to be amended in the interest of justice. He told her that she had two weeks to transfer her case to the appropriate federal district court in California that has jurisdiction over the case.
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