Veteran’s Mesothelioma Blamed on Asbestos in Navy Ship’s Boiler
When malignant mesothelioma claimed Navy veteran Keith W. Hipwell’s life, his family decided to pursue justice against those responsible for having exposed him to the asbestos. At the top of their list was boiler manufacturer Foster Wheeler Energy Corporation. Despite the company’s objections, a U.S. district court judge is permitting the case to move forward for a jury to decide.
Family Blames Asbestos from Boilers for Navy Veteran’s Mesothelioma Death
According to Hipwell’s family, his mesothelioma death was a direct result of the three years he spent as a boiler tender on the U.S.S. Foss. Their claim cites both the 250 pounds of asbestos contained within the two Foster Wheeler boilers he worked with between 1951 and 1953, as well as the parts that the company specified be used with the boiler: rope, millboard, tape, and gaskets, all composed with asbestos.
In their mesothelioma lawsuit, the family argues that the company was aware of the dangers posed by the asbestos in their products, yet failed to warn of the risks. This put Mr. Hipwell in a position where he was completely vulnerable, and which eventually led to his painful death.
Judge Rejects Company’s Argument Against Mesothelioma Liability
Foster Wheeler filed a petition to have the mesothelioma claim against them dismissed. They offered numerous objections, ranging from a lack of evidence that the victim had been exposed to enough asbestos from their products to have been sickened by it to arguing that they were protected by having been a government contractor. They even asserted that there was no reason to believe that Mr. Hipwell would have taken action to protect himself had he known of the dangers that he faced.
After reviewing the arguments mounted by both the mesothelioma victim’s family and Foster Wheeler, Judge Jill N. Parrish denied the company’s motion for summary judgment. The said that there was sufficient evidence that the company had a duty to warn about the asbestos in their products. As to whether the victim would have acted to protect himself had he known of asbestos’ dangers, she called the answer to that question “unknowable.”
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