When a person files a mesothelioma lawsuit against the asbestos companies responsible for their illness, their attorney generally warns them to expect a battle: the companies that exposed people to this toxic carcinogen are known to fight hard against having to provide compensation to those they have harmed. A recent example of this could be seen in the Superior Court of Rhode Island, where the daughter of woman who died last year of mesothelioma had to fight for her case to even be able to reach a jury. After listening to arguments for both sides, the court ruled in favor of the daughter and the lawsuit will proceed.
The case revolved around the mesothelioma death of Loretta Belac, who died last year, and two companies: Evenheat Kiln, Inc. and Sargent Art, Inc. Mrs. Belac had long run a home-based ceramics business, and over the years she had purchased and used several different kilns, as well as the art supplies needed to create the crafts. When she was diagnosed with the rare and fatal form of cancer, she learned that it was typically associated with high-heat environments and equipment, as well as with construction materials. She determined that the asbestos was coming from the equipment that she had used in her career, and filed a lawsuit accusing the companies of negligence in failing to warn against the dangers posed by their equipment and materials. Though Mrs. Belac died shortly after her diagnosis, she did manage to provide testimony in a deposition and her daughter continued the case, but the companies fought back, claiming that there was insufficient proof to show that their equipment had been the cause of her illness, and taking issue with disparities between the information provided in Mrs. Belac’s deposition and a response to their motion for summary judgment provided by her daughter.
In reviewing the evidence that had been submitted and the arguments on both sides, the judges of the Superior Court determined that there was enough information provided by Mrs. Belac and her family to allow the mesothelioma case to be heard by a jury. They entirely dismissed the argument against the affidavit provided by her daughter. The case will proceed to trial.
Understanding what to expect when you file a mesothelioma lawsuit is important, as the asbestos companies tend to fight back hard against those seeking justice. For information and guidance about your own situation, contact us today at 1-800-966-2244.