Asbestos & Mesothelioma Law Blog
For purposes of this article, the mesothelioma victim in this case will be referred to as C.B.
For almost a decade, the estate of a mesothelioma victim, C.B., has been seeking justice to no avail. Finally, the decedent’s family may get the justice they have been fighting for. The companies blamed for the asbestos exposure that led to C.B. developing mesothelioma and finally dying have aggressively fought to have the case dismissed. In a recent decision, the Iowa Supreme Court reversed a previous ruling and permitted the mesothelioma claim to be heard by a jury.
This legal journey began after Mr. C.B.’s surviving family members filed a mesothelioma claim after he died in 2015. C.B.’s family blamed his death on asbestos exposure that occurred during the time C.B. worked as an independent contractor (IC) at an aluminum plant. The family named Alcoa, the aluminum plant owner, and a company that was responsible for installing asbestos-contaminated insulation at the plant as the two defendants.
Initially, the defendants used the Iowa law that governs asbestos liability as a defense. At first, the defendants succeeded. The district court granted the motion for summary judgment, and the state’s Court of Appeals affirmed the decision. However, a higher court vacated the motion, stating that the statute only applied to product liability claims. Undeterred, Alcoa filed another motion, claiming that the company did not owe Mr. C.B. a duty of care since he was an IC. Once again, the lower court ruled in favor of the defendant, leading to C.B.’s family filing another appeal.
C.B.’s surviving loved ones argued that the premises liability precedent established the defendant owed a duty of care to C.B. The family claimed that the company’s actions, including using asbestos-contaminated materials and the releasing of asbestos fibers into the air during insulation removal, created a risk of asbestos exposure.
After reviewing the lower court’s decisions, the state’s Supreme Court sided with C.B.’s family and said the court had overly relied on a previous decision. In this previous ruling, the court had determined that an employer owed no duty to a member of the household of an employee of an IC. The state’s Supreme Court found the expansion wrong. The court asserted that the usual duty of care expected from land possessors is applicable to Mr. C.B. Now, the case will go to a jury to decide whether the defendants are liable.
Mr. C.B.’s family’s unwavering commitment to fighting for justice serves as a testament to the unbreakable determination of those affected by mesothelioma. As this case heads to trial, may it serve as an encouragement to mesothelioma victims and their families. May it remind them not to give up even when it seems like all hope is lost. While this case may have been prolonged and difficult, the Iowa Supreme Court allowing it to proceed to a jury holds the promise of closure for Mr. C.B.’s loved ones.
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