Iowa Supreme Court holds premises owners and product sellers not immune from asbestos liability
DES MOINES, Iowa – Attorneys at Dean Omar Branham Shirley, LLP have secured a favorable ruling from the Iowa Supreme Court in a case that restores legal protections for individuals exposed to cancer-causing asbestos on the job.
The ruling holds that premises owners will not be protected against lawsuits brought by contractors who were sickened by asbestos exposure at work, even if the asbestos-containing products were made or sold by someone else. The court also confirmed that sellers of asbestos products remain subject to product liability claims from those injured by asbestos exposure.
“We are very pleased with the court’s decision,” said partner Lisa Shirley. “There is still a lot of work to be done in bringing justice for our clients, but this is absolutely a step in the right direction. We are celebrating this victory today.”
The decision reverses a previous lower court ruling in a lawsuit brought by the survivors of Charles Beverage, who served as a construction contractor at an Alcoa aluminum plant for several years prior to his malignant mesothelioma diagnosis. Mr. Beverage passed away only weeks following the diagnosis.
Dean Omar Branham Shirley, LLP represents Mr. Beverage’s children, who filed a lawsuit against Alcoa and Iowa-Illinois Taylor Insulation over the asbestos exposure. Although Iowa-Illinois Taylor Insulation did not manufacture the contaminated insulation, it did supply and install it at Alcoa’s plant at their request.
The defendants originally claimed they weren’t at fault for not having manufactured the asbestos-contaminated products under a 2017 statute that sought to restrict litigation that arises from asbestos exposures. This Iowa Supreme Court ruling allows for further proceedings to continue.
About Dean Omar & Branham, LLP
Dean Omar & Branham, LLP, is a nationally recognized trial firm that handles cases across the country for individuals who have suffered catastrophic injuries or have died as a result of irresponsible conduct of others. For more information, please visit http://www.dobllp.com.