Court Ruling Allows Spanish Citizens to File Asbestos Lawsuits in New Jersey
A state appeals court ruled on May 27, 2008, that 15 Spanish citizens can file an asbestos lawsuit against a Delaware based corporation for health problems they suffered due to exposure from working aboard Navy and Coast Guard ships in Spain. The tradesman worked aboard the warships between 1950 and 1998, and claim that they came into contact with asbestos dust and fibers from high-temperature piping insulation the corporation produced. They now suffer from asbestos-related illnesses, including asbestosis, a chronic inflammatory condition affecting the tissue of the lungs. A three-judge panel overturned the decision made earlier by a superior court judge who held that the damage should be heard in a Spanish court. The appeals judges found that the decision failed to consider where the 14 tradesman and one survivor of a worker wanted their lawsuit heard.
The panel held that U.S. warships, where the tradesmen were exposed to asbestos, are considered U.S. territory, no matter where they are located, therefore, no problems were inflicted on Spanish soil. The attorneys representing the corporations argued that the ships were subject to Spanish law when docked in Spain, so the lawsuit should be filed there. Although the appeals court remanded the lawsuit to the Superior Court for trial, counsel said it is unclear just where the trial will be heard. Mesothelioma attorneys are working to help those exposed to asbestos due to negligence of corporations.