Recently, in an asbestos and mesothelioma lawsuit against Crane Co. (Defendant), Individually and as Successor to Chempump, Jenkins Bros., Weinman Pump Manufacturing Company, Pacific St., the court verified Rhode Island’s asbestos frequency, regularity, proximity and mesothelioma test standards.
A brief summary of what the plaintiff alleged:
- During his five-year tour of duty in the United States Navy, Sweredoski served on board the U.S.S. Independence (the Independence) from 1965 to 1967 as a fireman and boiler operator in the ship’s boiler rooms.
- Among other tasks, Sweredoski replaced packing and gaskets in steam valves allegedly designed and manufactured by Defendant.
- Both the packing and gaskets contained asbestos.
- Plaintiff alleges that Sweredoski developed malignant mesothelioma,sickened, and eventually died as a result of exposure to these packing and gaskets.
- Plaintiff has asserted a number of tort- and warranty-based claims against Defendant, arguing that Defendant owed to Sweredoski a duty to warn him of the dangers of working with and around its products.
- The Court concluded that the “frequency, regularity, proximity” test is the proper standard for proving causation in asbestos cases in this state.
- This test comports with our Supreme Court’s general causation jurisprudence and fairly balances the interests of plaintiffs and defendants.
- To meet the test, a plaintiff must present competent evidence demonstrating exposure to a particular defendant’s product, on a regular basis, over an extended period of time, and in proximity to where the plaintiff worked..
Asbestos fibers have been used in the manufacturing of a wide variety of industrial and household products in the United States and around the world.
For more on mesothelioma and asbestos, please visit the links below:
- An Overview
- Asbestos Connection
- Exposure to Asbestos
- Signs and Symptoms
- Diagnosis/Staging and Treatment
- Go To Asbestos
- Asbestos & Mesothelioma News
If you have been diagnosed with mesothelioma and need help evaluating your case, please contact us so a mesothelioma lawyer can assess your potential mesothelioma lawsuit. We are here to help you.
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