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An asbestos lawsuit that alleged a worker suffered from asbestos-related ailments after installing allegedly asbestos-laden products on Navy ships decades ago was dismissed by a federal appeals court due to lack of evidence.
Plaintiff Tyler Stokes filed an appeal of an earlier asbestos mesothelioma lawsuit whose original plaintiff, Raymond Stevens, had died. The case was initially dismissed on the grounds that the evidence was insufficient.
Stevens had alleged that he was exposed to asbestos-bearing products produced and distributed by Westinghouse (now CBS Corporation). Stevens alleged that Micarta panels manufactured by Westinghouse were the source of his exposure when he worked installing these panels on Navy ships from 1960 through 1980. The only evidence of his exposure was through a recorded statement Stevens made prior to his death.
However, Stevens’ statements were somewhat inconsistent. He initially stated that the paneling had labels stating that the material contained asbestos. However, he later said that only some had the label, then said that he “just knew” that the panels contained asbestos.
To counter this, CBS Corporation produced a document stating that while some Micarta panels did contain asbestos, the version of the product they sold to the Navy did not contain the material. The appeals court found that the lower court had properly ruled to throw out the case.
Despite this case, many other asbestos lawsuits have been successful. Many asbestos-producing companies have set aside billions towards asbestos trust funds to settle asbestos lawsuits due to past asbestos exposures.
Asbestos lawsuits typically allege that a manufacturer or employer caused the plaintiff to be exposed to asbestos, leading to serious illnesses including mesothelioma, asbestos lung cancer, asbestosis, or other serious health problems. Asbestos is a naturally-occurring mineral that was widely used as a building material and insulator, since it is functionally fireproof and an exceptional thermal insulator, even at industrial temperatures. However, it has been known for more than half a century that asbestos exposure can promote serious illness. Since asbestos-related illnesses like mesothelioma and asbestosis can take decades to fully manifest, asbestos lawsuits often revolve around asbestos exposures that took place decades ago.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual mesothelioma lawsuit or asbestos class action lawsuit is best for you. [In general, mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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