An Ohio appeals court revived a widow’s suit against Honeywell alleging that her late husband was exposed to asbestos in its brake products, finding that a jury could conclude that her husband’s mesothelioma was caused by his exposure.
The panel said there are genuine issues of material fact over whether James Maddy’s exposure to asbestos form Bendix brake pads at his workplace was a substantial factor in causing his cancer.
James Maddy began working in 1980 as a supervisor at a company called Fixible. Thomas Burkhart, his former coworker, was the only witness who testified about his asbestos exposure, the panel said.
“From at least 1980 through 1983 (and likely much longer) the Bendix brake products to which Maddy would have been exposed when he was in, or passed by, the work area would have contained asbestos,” the panel said.
Maddy’s wife also presented evidence that would allow the inference that during a number of months in 1989, Maddy was exposed to asbestos dust from the grinding and chiseling of used Bendix brake linings, according to the panel.
Maddy was diagnosed with malignant mesothelioma in April 2014 and died just a month later at the age of 70, according to the opinion. His death certificate said that his cause of death was respiratory failure due to mesothelioma.
“This was a great win for a client that has fought a long time for it,” The plaintiff’s representative said. “It is good to see that the typical rules for reviewing an order granting summary judgement still apply in the context of asbestos-exposure claims.”
TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.
TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.
All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.
I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!
Top-notch, hardworking attorneys!
A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!
They contacted me the next day. Very nice people!
The firm went above and beyond. Thank you for everything.