Mesothelioma Victim’s Family Blames Asbestos in Valves for Illness and Death
When Willie Hollingsworth was diagnosed with malignant mesothelioma, he and his family members immediately began searching for answers. How could he have fallen pretty to this deadly disease? They quickly found the answer: the products he had worked with throughout his career had been contaminated with asbestos. In response, they filed personal injury lawsuits against several of them, including the manufacturer of the Clow Valves installed in his employer’s boiler room.
Family Files Mesothelioma Lawsuit Against Valve Manufacturer
Though mesothelioma claimed Mr. Hollingsworth’s life before his case got to court, his family continued pursuing justice. Among those named in their lawsuit was McWane, Inc., whose unincorporated division Clow Valve Company was responsible for manufacturing the valves Mr. Hollingsworth worked with.
In response, the company filed a motion for summary judgment, arguing they should be held responsible for his mesothelioma. In support of their motion, they offered affidavit testimony from an employee representative who asserted that the valve in question could not have been in use at the time that Mr. Hollingsworth was working in the named boiler room.
Judge Denies Motion to Dismiss Mesothelioma Claim
Though the judge reviewed the affidavit from the valve company representative, he found it fell far short of what was required to dismiss the mesothelioma claim, especially in light of the strength of the statements Mr. Hollingsworth had made about his exposure. The judge noted that in order for the witness’ testimony to have sufficed, it would have had to prove that it would have been impossible for the product to have caused Mr. Hollingsworth’s exposure. Instead, the witness had simply submitted a statement asserting that it could not have been in use at the time, and that fell far short of what was needed to eliminate questions of fact. The case will continue for a jury to decide.
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