Court Allows Asbestos Cancer Lawsuit to Proceed
By Mike Holter
The State of Washington’s Supreme Court overturned a lower court’s ruling last week, ruling that an asbestos lawsuit filed by a now-deceased shipyard worker can move forward against respirator makers accused of exposing the Plaintiff to asbestos, directly contributing to his cancer.
Plaintiff Leo Macias alleged in the asbestos lawsuit that he worked at Todd Shipyards, where he was assigned to clean respirators worn by other workers who handled asbestos and other dangerous materials. Macias developed asbestos cancer from handling the toxic respirators and sued the manufacturers, Saberhagen Holdings, Inc., saying they never warned him that cleaning the respirators could be dangerous.
The state Court of Appeals originally threw out his asbestos cancer lawsuit on the grounds that it was the asbestos – not the respirators – that caused his cancer, and so he couldn’t sue Saberhagen.
On August 9, 2012, the Supreme Court reversed that decision, allowing Marcias’ asbestos cancer lawsuit to proceed. Commenting on the decision, Chief Justice Barbara Madsen wrote that when used as intended, the respirators posed a danger to anyone who cleaned them, and thus, Macias should have been warned.
The ruling is a victory for asbestos cancer victims across the country seeking to hold companies liable for their injuries. It also underscores how important it is to secure the counsel of a skilled asbestos attorney who will fight for your rights, even beyond an unfavorable decision.
Asbestos is responsible for thousands of deaths related to cancers such as mesothelioma, asbestosis and other asbestos related diseases. Many of these victims never get to see their victory in court, leaving it to their loved ones to continue fighting for them.
If you or your loved one was diagnosed with mesothelioma, asbestosis, lung cancer, asbestos warts, pleural plaques, diffuse pleural thickening, pneumothorax or another side effect of asbestos, an experienced asbestos attorney can help you get the compensation you and your family deserve.
Submit your information for a free consultation about how to file an asbestos lawsuit, mesothelioma lawsuit or class action lawsuit by visiting the Mesothelioma Asbestos Class Action Lawsuit Settlement Investigation. Asbestos lawyers working this investigation are actively looking for people like you to help get the justice you deserve.
Updated August 13th, 2012
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