Kesner, Take – Home, Pneumo-Abex, Asbestos & Mesothelioma: A recent case in the Court of Appeals of California, First District, Division Three ruled on motions for non-suit.
The review of the Kesner, Take – Home, Pneumo-Abex, Asbestos & Mesothelioma case documents what many secondary exposure – (secondary asbestos dust exposure) – victims may face today – past potential secondary exposure to asbestos and mesothelioma. The court ruled in favor of the Plaintiff.
To find out more on the case, see Case Nos. A136378, A136416 – May 15, 2014.
A brief summary of the facts include:
- Johnny Blaine Kesner, Jr., appeals following the grant of a motion for nonsuit in favor of Pneumo Abex LLC (Abex).
- Kesner’s uncle was employed by Abex from 1973 to 2007.
- Kesner seeks to hold Abex liable for mesothelioma he contracted, allegedly due in part to his exposure, while present in his uncle’s home, to friable asbestos that his uncle brought home from work on his clothing.
- Kesner was diagnosed with peritoneal mesothelioma in February 2011.
- He filed suit against a number of defendants, including Abex, to recover damages for his injuries.
- His complaint alleges causes of action for negligence, breach of express and implied warranties, and strict products liability arising from his contact with asbestos manufactured or supplied to him as a worker or end user.
- Kesner’s claims were resolved against all other defendants, all of which apparently were companies (or their successors) for which Kesner was himself employed and exposed to asbestos at their premises.
- Kesner’s remaining claim against Abex is based on the fact that Kesner’s uncle was an Abex employee who allegedly was exposed to harmful levels of asbestos in his job.
- Between 1973 and 1979 Kesner was a frequent guest in his uncle’s home, and often spent the night there.
- The uncle allegedly came home in his work clothes covered in asbestos dust. While he was still in his work clothes, Kesner’s uncle would often play with Kesner and sometimes sleep near him. Kesner alleges that his exposure to the asbestos dust on his uncle’s clothing contributed to his contracting mesothelioma.
For more on asbestos and mesothelioma, please visit the links below:
- An Overview
- Asbestos Connection
- Exposure to Asbestos
- Signs and Symptoms
- Diagnosis/Staging and Treatment
- Go To Asbestos
- Resources
- Asbestos & Mesothelioma News
At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases. If you have been diagnosed with mesothelioma, and need an asbestos or mesothelioma lawyer to help you file a mesothelioma lawsuit, contact our office at 1.844.329.5955.
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