5 California Workers File Mesothelioma Lawsuit Against Hennessy Industries

New Asbestos Mesothelioma Lawsuit

Manufacturing company Hennessy Industries was recently hit with a mesothelioma lawsuit in California. Five workers who used Hennessy’s brake shoe grinding machine for various contracts claim they developed mesothelioma as a result of their use of the machine, which exposed them to asbestos. They filed a mesothelioma asbestos lawsuit against the company, which is referred to as Shields v. Hennessy Industries, Inc.

According to the mesothelioma lawsuit plaintiff, Hennessy’s machine was produced during a time when all U.S. brake linings contained asbestos, and when the machine was in use the grinding action released asbestos fibers into the air, causing their asbestos illness and eventual development of the mesothelioma cancer.

The five workers claimed that a defective product in the operation of the company exposed them to asbestos and eventually led to them contracting mesothelioma. The workers also claim that the entire worksite was contaminated because of the machines and those nearby were at a high risk for developing asbestos mesothelioma as well.

Hennessy denied the claims, stating that the grinding machines did not contain asbestos. However, the worker’s mesothelioma lawsuit was allowed to move forward, approval coming from a California appeals court.

Normally, manufacturers are not held accountable for using a third-party’s products, but the workers’ claims were still active because they allege there was no other choice but to use the machines in such a way that it could cause injury.

The court in this mesothelioma asbestos lawsuit realized that many victims suffering from mesothelioma have a hard time finding companies that have not been bankrupted to hold liable for their illnesses. The court also stated that many victims in mesothelioma lawsuits bring the defendants to court over mesothelioma, but they have little to do with the actions of the defendant.

This mesothelioma lawsuit was different because it was the actual use of the machine that led to the release of asbestos into the air. While the machine was inactive, the asbestos was inert, and therefore, couldn’t cause injury. However, when the machine was in use, the asbestos was released, and that is what led to injury. In this mesothelioma lawsuit, Hennessy may be held responsible for the workers contracting mesothelioma.

Important Mesothelioma Lawsuit Update

On an important note, the court found that Hennessy was not liable for the mesothelioma that the workers suffered from but did rule that the plaintiffs provided sufficient information that if found true would entitle them to compensation.

Two things remain unclear. Will Hennessy’s failed summary judgment motion put pressure on it to settle claims with the employees? Also, what sort of compensation do the workers seek? It seems that at least one worker died due to his asbestos mesothelioma; and the compensation awarded for wrongful death is generally higher than the claims of surviving workers.

If you have developed mesothelioma due to asbestos exposure and believe that someone is liable for your exposure, be sure to visit the Mesothelioma Asbestos Class Action Lawsuit Settlement Investigation page and receive a free consultation with a mesothelioma lawsuit attorney.