Mesothelioma Lawsuit Points to Second-Hand Asbestos Exposure in Grandmother’s Restaurant
Malignant mesothelioma is a rare form of cancer that is caused by exposure to asbestos. It is generally thought of as an occupational disease, as most people can trace their exposure to the carcinogen back to their workplace, but in some cases people are sickened through second-hand exposure to asbestos fibers on other people’s clothing. Such is the case of Reginald A. Hamilton.
Man Traced Mesothelioma to Childhood Asbestos Exposure
Mr. Hamilton died of malignant mesothelioma in June of 2021, just days after being granted the right to perpetuate his testimony. In providing information about his personal history, h indicated that when he was a child in the 1960s and 1970s, he had spent nearly every day in the restaurant owned by his grandmother. The Rail Restaurant, as it was called, was within walking distance of the Avondale shipyard, a location which is frequently named in mesothelioma lawsuits.
Mr. Hamilton blamed his mesothelioma on asbestos that was carried into the restaurant by those who were working in the shipyard. After his death his family filed a claim for compensation for his loss and for the damages that they suffered, naming several companies that manufactured and sold the asbestos-contaminated equipment and supplies used there.
Judge Permits Case to be Removed to Federal Court
Though Mr. Hamilton’s family filed their claim in state court, the judge hearing the case allowed the defendants to remove the case to federal court because the companies’ asbestos-contaminated products were provided for the American military. Though most people injured by exposure to asbestos prefer to have their cases heard in state courts, where juries tend to be more friendly to plaintiffs, companies that fulfill orders on behalf of the government have the right to request that their case be heard in federal court.
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