A California man who developed mesothelioma which he alleged occurred after being exposed to asbestos while remodeling work was completed on his home will have another chance to have his case heard against a tile manufacturer, according to a ruling by the California Court of Appeals. The man was diagnosed with mesothelioma in January 2017.
About the Case
The man testified that asbestos vinyl tile manufactured by American Biltrite was cut and installed in front of him during a three-day period in 1966. He testified during the initial trial that the workers used a circular saw to cut the tiles and that this created dust, which he could have breathed in to be exposed to asbestos. The defendant’s witness stated that the tile was typically cut by a score and snap method and using a saw would not be practical because it would leave rough edges that required an additional step of sanding.
To refute this testimony, the plaintiff’s lawyers had experts testify about a study that involved scoring and snapping floor tiles that had asbestos in them and lightly sanding them. The defendant objected to the testimony and the trial judge sustained the objection. The defendant moved for a directed verdict and the trial court judge granted the motion.
The appellate court analyzed the finding of a directed verdict by considering whether there was a particular amount of exposure to the product manufactured by the defendant and if there was a reasonable medical probability that the degree of exposure to it was a legal cause or substantial factor in causing the plaintiff’s mesothelioma. The appellate court concluded there was sufficient evidence of the exposure and that the experts provided testimony that this exposure would be enough to potentially cause mesothelioma. The court also ruled that the experts’ reference to the score and snap study could be admitted into evidence.
The appellate court decided on June 19, 2019 that the case would be remanded to the trial court for trial with the directive that the jury must weigh the evidence in the case.
Legal Assistance with Mesothelioma Claims
This case is unique in that most claims against product manufacturers are due to workplace exposure to asbestos, such as construction workers claiming that the products they worked with caused their exposure to asbestos and subsequent mesothelioma diagnosis. In this case, the claim is based on exposure in the home itself and renovation work that was completed around the property owner.
Mesothelioma cases are often complex and require the use of expert witnesses and a tailored legal strategy. If you were exposed to asbestos and need assistance with your claim, contact our knowledgeable mesothelioma lawyers.
