An Ohio appeals court recently revived an asbestos cancer lawsuit brought by the widow of a mesothelioma cancer victim who claimed that he developed a rare and deadly form of lung cancer from years of exposure to asbestos while working with the Bendix brakes. After a Cuyahoga County Court of Common Pleas granted the defendant, Honeywell International, Inc., summary judgment in 2017, the Eighth Appellate District in Ohio agreed with the plaintiff that the lower court erred in its decision and that there were genuine issues of fact about the case for a jury to decide in a court of law.
According to the asbestos cancer lawsuit, the plaintiff’s widow alleged that her husband developed mesothelioma from using Bendix brake products developed by Honeywell International while working as a supervisor for a company that manufactured intercity buses. The plaintiff presented testimony from the victim’s coworker that stated the victim spent significant time in the area of the facility where brake work was being done, where asbestos fibers from the defendant’s Bendix brakes were present in the air. Further, the plaintiff claimed that her husband was exposed to asbestos fibers during the time he worked in the area of the facility where Bendix brake linings were grounded.
Fortunately for the plaintiff, the Ohio appeals court agreed that the case should be heard by a jury and gave the victim a chance for his case to be heard in court, six years after his passing in 2014. The case is yet another example of the lengths to which gigantic companies will go in order to skirt liability for the harm caused by the products they knew or should have known could pose a health risk to workers and the general public.
Asbestos was once used in a variety of industrial, commercial, and military applications for its heat resistant properties and ability to be molded to fit various applications. Unfortunately, exposure to asbestos is directly linked to developing mesothelioma, a rare and deadly form of cancer that commonly affects thin linings of tissue surrounding vital organs such as the heart and lungs, as well as the abdominal cavity. Rather than provide warnings about the carcinogenic hazards of asbestos, many companies chose to turn a blind eye in order to turn a profit and continue business as usual.
By filing a mesothelioma cancer lawsuit, plaintiffs and their surviving family members can recover compensation for the cost of lost income, past and future medical expenses, and the pain and suffering of living with the disease. Further, asbestos lawsuits send a message to wrongdoers that society will not tolerate an indifference to public safety.
Nationwide Mesothelioma Lawyer
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you and your family live a more comfortable life.