Asbestos & Mesothelioma Law Blog
For purposes of this article, the mesothelioma victim will be referred to as G.P.
In a recent court decision, a judge ruled the surviving family members of a deceased cruise ship worker have a valid mesothelioma case against Steel Grip, an asbestos gloves manufacturer. The judge hearing the case ruled that the mesothelioma lawsuit the survivors filed against Steel Grip should proceed. After G.P., a cruise worker, developed malignant mesothelioma and died, his surviving loved ones filed a personal injury claim in New York. G.P.’s family believes he developed mesothelioma because of the asbestos-contaminated gloves he wore when working. Steel Grip manufactured the gloves, so the family included Steel Grip in their claim. The defendant tried arguing that they had never done any business in New York. However, upon listening to the evidence presented, the judge ruled that G.P.’s family had a valid case and the case could proceed.
G.P. worked on Italian cruise ships for many years. However, while working on the cruise ships presented the risk of asbestos exposure, his family strongly believes that he developed malignant mesothelioma because of his work gloves. In response to being named as a defendant in the case, the gloves manufacturer argued that the court hearing the case did not have jurisdiction over them since they had never done any business in New York. This first argument was defeated by the fact that G.P.’s cruise ships would stop in New York, and he remembered seeing boxes of gloves manufactured by Steel Grip being loaded onto ships while in New York.
The defendant revisited their original petition to have the case dismissed. Again, they argued that they had never sold or been based in NY. This second time, G.P.’s family presented more evidence. The family presented evidence they had gathered during the deposition. The deposition testimony was from Steel Grip’s corporate representative. According to the CR, the company did business in New York. The CR revealed that Steel Grip had sold its gloves to companies in NY and that he had personal experience traveling to the state for work.
Because of this evidence, the judge dismissed the defendant’s renewed motion to dismiss the case. The judge found that G.P.’s surviving family members have a valid case and allowed the case to proceed to trial. G.P.’s surviving family members will have their day in court and have their case heard by a NY jury.
Damages the Family Might Recover
A mesothelioma personal injury or wrongful death claim can cover several expenses and losses. The following are some of the damages G.P.’s surviving loved ones might recover if their case succeeds;
- Funeral expenses
- Lost wages
- Medical expenses
- Loss of companionship, care, and guidance
- Pain and suffering
- Punitive damages
However, punitive damages are only awarded if the defendant acted particularly egregiously or with the intention of causing harm.
Nationwide Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment.