An asbestos mesothelioma lawsuit was filed in California state court alleging that the Goodyear Tire & Rubber Company caused a man’s death due to asbestos exposure.

According to the asbestos lawsuit originally filed in 2014, the victim was exposed to asbestos through his father’s aircraft and auto mechanic clothes.

The family of John F. filed the asbestos lawsuit, which is now before Judge David O. Carter.

John’s father worked on Army National Guard aircraft and, according to the family’s lawsuit, was exposed to asbestos on a daily basis and brought home the asbestos on his clothes.

Goodyear tried to have the claim dismissed by stating that the company, acting as a government contractor, had followed government regulations and had no power over whether or not asbestos was used in equipment.

The company also argued that it had no control over how employees or their families could have been exposed, and that it was not responsible for providing warnings.

In response, John’s family argued that the only thing Goodyear showed was that the Air Force “required Goodyear to supply brakes that met certain performance requirements,” but that there was no evidence indicating that the military required the company to use asbestos.

Judge Carter rejected the company’s defense, stating that Goodyear had not produced sufficient evidence to prove the government affirmatively opted to use asbestos to manufacture the brakes for Army National Guard aircrafts.

Despite citing expert testimony that the aircraft parts were built to government regulations, Judge Carter found the report was insufficient.

“These statements are too vague and conclusory to amount to a showing of reasonably precise specifications. These exhibits contain at least hundreds of pages. It is not the court’s task to ‘scour the record’ in search of competent evidence,” Judge Carter said.

Overview of Asbestos Mesothelioma Allegations

John filed his claim in Alameda County Superior Court in December 2014, alleging that Goodyear and several other companies were responsible for his mesothelioma. This extremely rare form of lung cancer attacks the mucus lining of the lungs, and is specifically caused by asbestos exposure.

Once asbestos fibers are inhaled, the fibers embed onto the mucus lining on the lungs and eventually fester into cancer cells. This disease can take up to 50 years to show any symptoms, often leading to latent mesothelioma diagnoses. Asbestos can either be inhaled directly from the air, or from the clothing of someone close by.

John alleges that asbestos fibers attached to his father’s clothing when he was exposed at work, and his father would unknowingly bring the asbestos fibers home to his family.

John died in March 2015, leaving wife Lorna W. and their three children to take over the suit.

John’s lawsuit had been transferred to federal court in January 2015, at the request of the defendants, but in January 2016 the family managed to get the lawsuit moved back to state court over Goodyear’s protests.

Those who were exposed to asbestos fibers and have developed mesothelioma, or lost a loved one from this disease, may be eligible to take legal action. Potential claimants should contact a specialized lawyer as soon as possible.