On June 12, a New York appeals court refused to dismiss an asbestos mesothelioma lawsuit against Crane Co. The asbestos lawsuit alleges that gaskets used with Crane Co.’s valves caused the plaintiff to develop asbestos-related diseases. Although Crane Co. did not manufacture the gaskets, they may still be held liable because the gaskets are used in conjunction with their manufactured valves.

Background on Asbestos Mesothelioma Lawsuit

Back in April 2013, the Erie County Supreme Court ruled to decline Crane Co.’s motion to dismiss the asbestos mesothelioma lawsuitbrought against them by those managing the estate of plaintiff Lee H.

Lee worked at a plant site that used Crane-manufactured valves to for steam piping from 1956 to 1982. Although Lee and his wife are both deceased, an executor of their estate continued to pursue this asbestos mesothelioma lawsuit, claiming that Lee had been unknowingly exposed to asbestos on the job because he replaced asbestos-containing gaskets around the Crane valves.

Earlier this month, the five-judge panel from the court of appeals unanimously decided to uphold the Supreme Court’s decision.

According to the judges of the appeals court, they ruled that Crane Co. could not use the 1992 decision for Rastelli v. Goodyear Tire & Rubber Co., which concluded with the court’s opinion that Goodyear did not have a duty to warn consumers of faulty third party rims on their tires, to dodge the asbestos mesothelioma lawsuit.

This court also found that the plaintiffs raised an important factual question as to whether or not Crane had intended for their valves to be used with asbestos-containing gaskets. The judges state, “Even assuming, arguendo, that defendant met its initial burden of establishing that its valves did not require components containing asbestos in order to perform as intended, we conclude that plaintiff raised an issue of fact,” according to the asbestos mesothelioma lawsuit.

This is not the only asbestos lawsuit that Crane Co. is facing; as of the end of this year, there are 47,507 claims filed against the company in state and federal court, alleging deaths and injuries related to asbestos exposure. Crane states that it expects to spend about $59 million to defend and/or settle asbestos litigation during the end of this year.

The Crane Co. Asbestos Mesothelioma Lawsuit is In The Matter Of The Eighth Judicial District Asbestos Litigation, Case No. 14-02303, in the Supreme Court of the State of New York, Appellate Division.

What is Asbestos Mesothelioma Lung Cancer?

Asbestos mesothelioma is a rare lung cancer that develops after a plaintiff has endured prolonged exposure to asbestos fibers either at home or on the job. When a person inhales asbestos fibers, the cancer-causing particles become trapped in the person’s lung lining. Inflammation, scarring, and tumors eventually follow, which eventually leads to the development asbestos mesothelioma. Most mesothelioma diagnosis are terminal.

Numerous individuals and families have chosen to pursue asbestos mesothelioma lawsuits in order to seek compensation from asbestos manufacturers. Asbestos lawsuits are also filed against employers who knowingly exposed their workers to asbestos-containing materials, but did nothing to warn or protect them from this carcinogen.