Court Ruling Regarding Asbestos-Related Trial Location Overturned
The Texas Supreme Court has recently ruled on a decision regarding the location of a trial involving a man who is suing for asbestos-related injuries he claims were the responsibility of the corporations named in the lawsuit.
The case involves the now late Austin Richards who was employed as a mason for in upwards of thirty years at various locations throughout the state of Maine. It was during this time that Richards claimed he was exposed to asbestos insulated piping on a routine basis.
Exposure to asbestos insulation and other building products has been known to lead to the development of a number of asbestos-related diseases such as mesothelioma, asbestosis, and lung cancer. Due to the long latency period of these diseases the diagnosed are often left with very few treatment options by the time that diagnosis occurs.
Richards filed the lawsuit against twenty-one defendant corporations in the state of Texas in an attempt to speed up the litigation process but it has now been ruled by the Texas Supreme Court that the trial will have to be moved to the plaintiff’s home state.
The new ruling overturns the earlier ruling that would have allowed the trial to be tried in the state of Texas.
The ruling stems from a 2003 modification to the Texas civil code which states that cases are to be tried in the most convenient location available. Austin Richards was diagnosed with mesothelioma in December of 2005. Companies named in the lawsuit include General Electric Co., Ingersoll Rand, and Warren Pumps.