Brust, Foster Wheeler, Asbestos & Mesothelioma

ASBESTOS, MESOTHELIOMA, CANCERBrust, Foster Wheeler, Asbestos & Mesothelioma: A case in the Superior Court of New Jersey, Appellate Division ruled on a motion for summary judgment.

The Brust, Foster Wheeler, Asbestos & Mesothelioma case is about secondary asbestos exposure and mesothelioma.  The parent of the child worked as a train operator, yard operator, and supervisor at the Port Authority Transit Corporation.

A brief summary of the facts include:

  • Plaintiffs appeal from the summary judgment dismissal of their complaint. Sandra Brust (Brust) was diagnosed with mesothelioma in October 2010, and passed away from the disease while this litigation was pending.
  • Plaintiffs allege Brust’s father John Noga’s employment from 1970 to 1977 as a train operator, yard operator, and supervisor with defendant Port Authority Transit Corporation (PATCO) resulted in take-home asbestos exposure leading to her illness.
  • Noga’s job duties included the repair and maintenance of air brake systems on PATCO’s multiple unit (MU) locomotives.In the process, asbestos dust would then be released into the air and land on his work clothes. Upon returning home, Noga would play with his children, including Brust, who was born May 23, 1963, before changing or showering.
  • Additionally, plaintiffs claim Brust’s mesothelioma may have been caused by her exposure to asbestos dust as Noga replaced automobile brakes on cars he worked on after hours. Between 1963 and 1978, when the family moved to Georgia, Noga would buy an average of one used car per year, which he would repair for resale.
  • From 1970 to 1985, starting at about age seven, Brust would help her mother wash her father’s clothes, including his PATCO uniform. Brust’s expert opined that she developed mesothelioma as a result of secondary exposure to friable asbestos fibers through direct contact with her father and while laundering his asbestos-laden clothes.

The court ruled:  Granted  To find out more on the case, see Case No. A-3431-13T4 – November 19, 2015.

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