Published on January 17, 2023
Albert O. Howard was diagnosed with malignant pleural mesothelioma in 2020. He and his wife filed a negligence lawsuit against Armstrong Pumps, blaming them for his exposure to asbestos during the years that he served in the U.S. Navy. Though the company argued that the case against them should be dismissed, their petition was denied and the case will move forward.
Mesothelioma Victim Details Years Working Near Asbestos-Contaminated Parts
According to the mesothelioma victim’s deposition testimony, he served in the U.S. Navy from 1961 through 1978 onboard various nuclear submarines. He specifically identified Armstrong pumps that he worked in close proximity to, describing their location on the vessels relative to his own work, and indicated that his duties included supervising maintenance on the pumps.
In addition to working in the same area as the pumps, Mr. Howard recalled gaskets, packing, and insulation being removed and replaced. This action released asbestos into the tight quarters in which he worked and increased his risk of malignant mesothelioma. He remembered referring to Armstrong’s manual any time that was on the pump was required.
Company Denies Role in Navy Veteran’s Mesothelioma
In response to being named a defendant in the mesothelioma lawsuit, Armstrong argued that they could not be blamed for exposure in the early years of Mr. Howard’s service, which occurred before they were incorporated. They also submitted an affidavit from an engineer who began working for the company in 2007, who argued that there was no proof that Armstrong’s pumps had been the source of his exposure to asbestos.
The justices of the Appellate Division of the Supreme Court of New York were unpersuaded by Armstrong’s representative and denied the company’s petition for the mesothelioma claim to be dismissed. Though they agreed that no compensation could be assigned for the years of exposure prior to their incorporation, they noted that Mr. Howard’s testimony was sufficient to meet his burden under law, and that Armstrong’s arguments were not.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can provide the resources you need in your quest for justice. Contact us today at 1-800-692-8608.
Written by Terri Oppenheimer
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