Washington State Supreme Court Rules in Favor of Asbestos Manufacturers

The Washington State Supreme Court has ruled in favor of manufacturers who have failed to warn about the dangers of asbestos used to insulate their products.

Involving more than a dozen companies, the court drew many briefings from organizations and businesses around the country.

In the publicized Simonetta v. Viad Corporation, the state high court was contemplating whether or not one manufacturer can be held liable for not warning of the hazards of another manufacturer’s product. The court decided that Viad Corp. could not be held responsible.

The case stems from a product liability lawsuit filed by Mr. Simonetta, who was diagnosed with an asbestos-related lung-illness in the year 2000.

During the late 1950s, Simonetta served on a Navy ship that court records indicate was insulated with asbestos. Viad succeeded a company who manufactured an evaporator, but the insulation was manufactured by another company.

Asbestos is a highly-fibrous mineral that was used heavily in homes and buildings prior to 1980. Due to its resistance to heat and electrical conductivity, asbestos was used throughout the world as a prominent form of insulation and piping.

Throughout the 20th century, the United States Navy utilized asbestos-containing products in ships and shipyards. High exposure to asbestos resulted in many veterans developing the chronic lung ailment known as mesothelioma. Studies show it can take anywhere from 20 to 50 years for symptoms to develop, making it difficult to diagnose mesothelioma malignancy.

After working as a pipefitter on Navy ships for 35 years, Vernon Braaten was diagnosed with mesothelioma as a result of asbestos exposure.

In a later trial known as Braaten v. Saberhagen, the court also decided that pump and valve manufacturers cannot be liable for failure to warn about asbestos insulation applied to their products that were sold to the Navy.

In both cases, a trial court granted summary judgment to the manufacturers. However, an appeals court overturned the ruling and the Washington State Supreme Court later reinstated the trial court’s decision.

Studies estimate that approximately 3,000 different types of commercial products still include asbestos. Green insulation alternatives such as cellulose, cotton fiber and lcynene are now being given serious consideration to permanently replace asbestos materials.

For more information on asbestos litigation, please visit the Mesothelioma Cancer Center.

This entry was posted on Monday, December 22nd, 2008 at 5:23 pm and is filed under Asbestos Legislation, Asbestos Litigation, Mesothelioma. You can follow any responses to this entry through the RSS feed. Responses are currently closed, but you trackback from your own site.