Judge grants hearing for new trial, citing failures of mesothelioma victim’s attorney

Released May 26, 2023

When a person is diagnosed with malignant mesothelioma, they are faced with many decisions, including whether to seek justice from those responsible for their deadly disease and who to turn to for help should such a decision be made. In a recent case, a victim’s survivors filed a request for reconsideration of their request for a new trial after a judge denied their original request. A Court of Appeals judge agreed that they were entitled to the consideration based on her conclusion that their attorney’s mistakes prevented them from a fair hearing.

Mesothelioma in a woman is attributed to second-hand exposure to asbestos

Emily Everett was diagnosed with malignant peritoneal mesothelioma in 2018 and quickly discovered that her asbestos exposure came from fibers coming home on the work clothes of her ex-husband, who had worked as a journeyman welder and boilermaker at various plants and locations. She filed lawsuits against several defendants and after her death in 2019, her children continued to press a wrongful death claim.

During the course of the mesothelioma lawsuit, multiple motions for summary judgment were made, affidavits made and settlements agreed. The named defendants included Foster Wheeler, who argued that the case against them should be dismissed because the plaintiffs had failed to establish a specific causal link. That request was granted, and the Everetts subsequently filed a request for a new trial based on additional information. The judge denied their request and they appealed that decision as well as several other decisions made

Court of Appeal agrees with survivors of mesothelioma victim

Judge Paula A. Brown of the Louisiana Court of Appeals, Fourth Circuit, denied several motions by the mesothelioma victim’s survivors, but also denied the judge’s denial of her motion for a new trial without a conflicting hearing. She wrote, in part, “It is clear from the filing that throughout the proceeding the Everetts’ attorney failed to understand that Foster Wheeler’s motion for summary judgment indicated the lack of evidence of a specific causal link, or that he was required to do so.” Correct this issue in the summary assessment phase.”

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The judge called that omission “fatal” to his case, noting that “if a trial judge is satisfied, based on his review of the facts, that the verdict would result in a miscarriage of justice, a new trial should be ordered.” She also said that it was likely that the report contained in the new information, which provided a “clearer picture of Mr. Everett’s work history and potential exposure to asbestos,” would raise a genuine question with substantive facts as to causality. Mrs. Everett’s family can complete their new trial.

If you or someone you love has been diagnosed with malignant mesothelioma and are seeking justice on their behalf, it is important that you work with a caring and knowledgeable counselor. For information on how Mesothelioma.net Patient Advocates can help, contact us today at 1-800-692-8608.

FREE Mesothelioma Pack written by Terri Oppenheimer Terri Heimann Oppenheimer is the main author of our Mesothelioma.net news blog. She completed her studies in English at the College of William and Mary. Terri believes knowledge is power, and she is committed to sharing news about the effects of mesothelioma, the latest research and medical breakthroughs, and the stories of victims.

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