Mesothelioma from Take-Home Exposure Creates Liability for Shipyard
Upon diagnosis, the first thing that most mesothelioma victims learn is that their disease was entirely preventable, and that the companies that exposed them to asbestos were aware of its dangers. Despite this, many of these companies are protected from legal responsibility by federal laws. In a case currently making its way through the judicial system, a man unable to sue over his employer’s behavior towards him was deemed able to sue that same company over asbestos carried into the family home on his brother’s work clothing.
Court Permits Mesothelioma Victim to Sue Brother’s and Father’s Workplace
Callen Cortez filed his mesothelioma lawsuit against Avondale Shipyards. The Louisiana company is a frequent defendant due to the extensive asbestos contamination of their worksite but is often able to evade responsibility by pointing to the Longshore and Harbor Workers Compensation Act (LHWCA). This federal law provides protection against employee lawsuits, and because Mr. Cortez worked for them, the company filed a motion for summary judgment asking for the claim to be dismissed.
In response, the mesothelioma victim noted that in addition to having been an employee of the shipyard, he was also exposed to asbestos that was carried into his family’s home on the clothing of his brother and his father: his brother had been employed by Avondale when he was a teenager and his father had been employed by another asbestos company, which he named in a separate claim. In addition to his claim as Avondale’s employee, Mr. Cortez cited his childhood exposure to asbestos from his father’s clothing and his teenage exposure from his brother’s clothing.
Judge Agrees that Mesothelioma is Not a “Single Compensable Disease”
While the justices hearing the mesothelioma lawsuit sided with Avondale on the protections provided to them against Mr. Cortez’ suit as an employee and on the question of whether the exposure he suffered was a result of intentional actions, they allowed his claims as a family member to stand, noting that mesothelioma is not a “single compensable disease” but that each exposure to asbestos can lead to the condition.
In their decision, the judges wrote, “Plaintiff’s claim against Avondale in its capacity as his brother Daniel’s employer is materially indistinguishable from plaintiff’s claims against his father’s employers for whom plaintiff himself never worked. The Court finds that plaintiff is not deprived of a tort claim for non-employment injuries suffered via his brother in the home, merely because he later became an Avondale employee.”
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