An asbestos lawsuit against auto parts maker Hennessy Industries has been reversed.

The California Appeals Court now finds that the company knew about the inevitable asbestos exposure that the job would involve, yet failed to provide a safer environment for workers.

The lawsuit alleged that asbestos exposure from the company led to fatal lung cancer from asbestos for mechanic Frank R. A panel stated that the initial trial court’s decision to grant summary judgment to Hennessy in the suit was wrong.

The court’s initial decision was based off of the idea that the company could not be held liable because its machines were not intended for the exclusive grinding of asbestos parts.

However, the appeals court that reversed this decision ruled that the company can in fact be held liable, given that the company’s intended use of the machines would lead to inevitable asbestos exposure. The appeals court cited a standard used in a similar asbestos lawsuit against the company in 2015.

According to the appeals court, “Hennessy knew the normal and intended use of its grinders released asbestos dust.” The company was, therefore, aware of the risk of asbestos exposure, said the court.

“Hennessy is liable for the design and warning defects of its own product which produced harmful asbestos dust during normal use in grinding brake linings.”

Frank R., a worker who used Hennessy’s grinding machines in his job as a mechanic for over 20 years, died from lung cancer from asbestos exposure. This lawsuit was filed by his widow for negligence and strict liability claims.

The grinding machines did not contain asbestos themselves, but they were used to grind asbestos-containing brake linings.

A report from the U.S. Environmental Protection Agency (EPA) in 1986 found that between 90 and 95 percent of brakes contained an asbestos lining. This report was issued during the time that the late mechanic worked with this machinery, and indicates the court’s ruling of inevitable asbestos exposure.

While Hennessy has included a warning label about asbestos exposure with its machines since the 70s, the appeals court said that this knowledge of asbestos exposure risk could and should have led to stricter safety controls.

“When required by regulations in 1973, Hennessy provided asbestos dust collectors and warnings about asbestos dust on all machines. Hennessy, therefore, should bear some level of responsibility for the asbestos exposure caused by use of it is grinders which could have been reduced or prevented by warnings or added safety features,” the court’s opinion stated.

Asbestos Exposure and Lung Cancer

Asbestos mesothelioma lung cancer is generally a latent disease. It often affects workers who have been exposed to asbestos during their work as asbestos fibers are released into the air while sawing, grinding, and cutting asbestos-containing materials.

Unfortunately, asbestos cancer can remain undetected for many years. Once symptoms are finally detected, the cancer has often progressed to a point where it is more dangerous and less treatable.

Though filing a lawsuit cannot take away the pain and suffering of cancer, or bring a loved one back to life, it can help to compensate for financial expenses incurred by medical bills, lost wages, and other expenses. If you or someone you love has been diagnosed with or died from cancer after asbestos exposure, you may be able to file a lawsuit.