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Shapiro & Appleton

Plaintiff Loses Mesothelioma Case in Delaware

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The US District Court for the District of Delaware recently granted a summary judgment in favor of the defendant, AM General, in a lengthy asbestos lawsuit.

In January 2010, the wife of a deceased worker filed a lawsuit due to her husband’s mesothelioma that killed him in 2008. According to the suit, the worker was allegedly exposed to asbestos in Germany in the 1970s when he worked in the US Army. His job at the time was to supervise the maintenance of AM General military vehicles, which contained asbestos in some of the parts.

Although AM General was known to have made such vehicles for the military, the plaintiff did not show any evidence that her husband had worked on the products.


Two witnesses for the plaintiff could not confirm that her husband had ever contacted the vehicles.

We have settled many mesothelioma cases in Virginia in our personal injury legal practice due to the large amount of railroad-related activities in our state. Some of the most common places where asbestos is found in rail yards in Virginia are in steam locomotives, cabooses, diesel locomotives, railroad shops and train brake shoes.

Mesothelioma cases can be difficult to prove in court against companies with large legal resources. In a recent case with a client who had asbestos-induced lung cancer, we located a preventive medicine doctor to review our client’s medical treatment to see if railroad workplace exposure to carcinogens was the most likely cause of his lymphoma cancer.

We also gathered large amounts occupational and railroad workplace data and gave it to a certified industrial hygienist to determine if the railroad company had provided a safe place for our client, a conductor, to work.

With the testimony of our expert witnesses and the data we collected, we were able to settle the case successfully.

Richard N. Shapiro
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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