Court Victory: Pump Manufacturer Found At Fault For Not Warning Workers Of Mesothelioma Risk

The widow of a mesothelioma victim is finally getting justice for her late husband at the Maryland Court of Appeals. Philip May, like many other Americans, was exposed to asbestos while working in the Navy for 20 years. For him, the replacement parts for the engine room pumps he worked with had asbestos fibers in them.

A Difficult Case

Ruth Belch May, Philip’s widow, had filed a suit against several pump manufacturers after her husband died of malignant mesothelioma, but all had managed to argue that the case should be dismissed. They stated that they were not responsible for putting the replacement parts into commerce – they only distributed them – so they were not responsible for the damage and illness caused by the parts themselves.

Ruthe’s case was dismissed by both the circuit court and the Court of Special Appeals. But she didn’t relent – next, she went to the Maryland Court of Appeals…and won.

A Cheap And Easy Solution Could Have Saved Lives

The Maryland Court of Appeals noted that the companies put out instruction manuals for workers using the parts. May had gone over the manuals himself, and there had been no warning of the potential of asbestos exposure in them. The cost of adding a simple warning of risk would have been sufficient, and the cost of including that warning would have been minimal.

The companies tried to argue that such warnings weren’t their responsibility, since the contaminated products were made by other companies. Plus, they didn’t receive a profit on said products.

But the court noted that the parts needed to be changed out periodically, and the person doing the replacement would be exposed to asbestos – therefore, it was the companies’ responsibility to warn workers.

A Win For Mesothelioma Victims

Since the companies were found at fault, the lower court’s decisions were reversed. The case will now be heard by a jury, meaning that both Ruth and Philip are on the path to justice, even if it’s posthumously.

If you’re tackling your own mesothelioma case, we can help! Contact Landry & Swarr today to get on the road to compensation and justice for victims of mesothelioma and asbestos-related illness!