Ashley Milano  |  April 24, 2015

Category: Consumer News

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ShipyardIMO Industries has filed a motion in an asbestos mesothelioma lawsuit, arguing that there is no evidence the company is at fault for a navy worker’s asbestos exposure and subsequent mesothelioma diagnosis.

IMO Industries, a turbine manufacturing company, filed the motion for summary judgment on April 9, claiming, “There is absolutely no evidence that [plaintiff] worked with or around any asbestos-containing products for which IMO can be legally responsible.”

According to the asbestos mesothelioma lawsuit filed against IMO Industries and 35 other contractors, plaintiff Charles M. allegedly worked around asbestos-containing products supplied by IMO during his 18 years working as a shipfitter at the Ingalls Navy shipyard from 1964-1982. He was diagnosed with malignant mesothelioma, a deadly asbestos-related cancer, in February 2014.

IMO claims that Charles’ asbestos exposure was most likely a result of insulation manufactured by other contractors and they should bot be held liable for asbestos products supplied by other contractors.

Shipyard Workers and Asbestos Exposure

Shipyard workers built and maintained ships designed for military and civilian use, ranging from aircraft carriers in the U.S. Navy to luxury liners in the cruise industry.

These blue-collar workers, some of them craftsmen and others tradesmen, performed an array of jobs within the industry. They included painting, electrical work, welding, plumbing, insulating, repairing and general contracting. Regardless of the specialty, these laborers usually were exposed to asbestos, which was used so extensively in the industry.

Asbestos was once considered a critical element in the shipbuilding industry — especially so in the military — because of its ability to resist heat and prevent fires that would be disastrous for a vessel at sea. It also was a great insulator and was resistant to corrosion.

Before the toxicity of asbestos became so well known, ships often were laden in it from bow to stern. The irony is that asbestos products were utilized on ships for safety reasons, yet it was the presence of asbestos that may have endangered workers the most.

Asbestos Litigation

Shipyards on both U.S. coasts have long histories of asbestos exposure and a legacy of former employees developing mesothelioma and other asbestos diseases because of that exposure. Many Navy shipyard workers have turned to mesothelioma lawsuits as a means to recover the costs associated with the diagnosis of an asbestos-related disease. Though the government cannot be held responsible for asbestos exposure, negligent companies and the manufacturers of asbestos-containing products often can.

In 2011, for example, a former Virginia shipfitter was awarded $25 million in a asbestos mesothelioma lawsuit against Exxon after he developed mesothelioma. Similarly, the family of a career naval machinist who died of mesothelioma in 2006 was awarded $5.2 million after it was determined that Foster Wheeler Corp., a New Jersey engineering and construction firm, did not disclose asbestos risks, in an asbestos lawsuit.

The Asbestos Mesothelioma Lawsuit is Case No: 1:14-cv-00406, in the U.S. District Court for the District of Delaware.

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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