Industrial pump and boiler makers must face claims under Colorado law by a man who alleges his exposure to asbestos from his father’s work clothes caused his mesothelioma.
Richard Mestas’s negligence claims against Cleaver-Brooks, Inc., Air & Liquid Systems Corp., and Warren Pumps, LLC, are sufficient to survive a motion to dismiss, the U.S. District Court for the District of Colorado said March 19.
The Colorado Supreme Court hasn’t recognized take-home exposure liability.
But the federal court predicted that Colorado courts wouldn’t automatically reject such a claim for lack of sufficient contact with a company’s products.
Mestas wasn’t a user ...