The lawyers at the O’Brien Law Firm are proud of their willingness to accept tough cases other firms can’t be bothered with. Taking on these difficult mesothelioma or asbestos cases involves a lot of hard work. Still, the experience makes us better lawyers, and the people we represent appreciate our commitment to fighting for them when others won’t.
In late 2024, our firm successfully resolved the civil portion of a complex mesothelioma lawsuit. This case presented several legal obstacles, but through diligent research and strategic litigation, we secured significant compensation for our client.
What Makes an Asbestos Case Tough?
A tough asbestos case is one where ensuring the client is well compensated for their injury is challenging—factually, legally, or both.
It could be that the source of the client’s asbestos exposure is not readily apparent, or the exposure arose from products made and sold by companies protected by a legal shield, like a workers’ compensation exclusivity bar, a statute of limitations, or a statute of repose. These companies could have also filed for asbestos bankruptcy protection to avoid being sued entirely.
Overcoming Legal Barriers in a Recent Missouri Case
Securing compensation for our Missouri client meant overcoming several legal obstacles.
- Our client had a very discrete period of exposure occurring many decades ago. He worked at a power plant for only 6 months and was diagnosed with mesothelioma some 50 years later.
- Due to the short exposure period and considerable passage of time, he could not recall with meaningful specificity which asbestos products he was exposed to or which companies made them. However, bilateral pleural plaques seen on chest radiographs confirmed material asbestos inhalation.
- The Missouri employer that owned and operated the plant was immune from civil lawsuits due to the workers’ compensation bar. This meant that suing the employer directly was not an option.
Identifying a Path to Compensation
A thorough investigation of the power plant’s history revealed that, while the employer was immune from civil litigation, they were part of a cooperative, also known as a co-op.
This co-op was a separate entity made up of members from other utility providers. It did not own the plant where the client was exposed to asbestos or the land the power plant occupied, nor did it handle the day-to-day operations of the plant. As such, traditional theories of liability would not help us get our Missouri client compensated for his mesothelioma.
Yet, after some initial digging followed by the drawn-out discovery phase, it became apparent the defendant had contractual agreements with the power plant that granted the co-op certain rights.
This contract gave the cooperative:
- the ability to dictate certain important aspects of plant operation, like its power output.
- the ability to schedule and dictate plant maintenance and improvements.
- unfettered physical access to the plant itself.
O’Brien Law Firm lawyers know that, under Missouri law, a defendant does not need to own or operate a premises to be liable for injuries to invitees caused by negligence on-site; the right to control the premises could also be sufficient for liability to attach. Therefore, we conducted extensive discovery on the issue of control and deposed witnesses who testified to the defendant’s historical use of control over the plant.
Securing a Significant Settlement
Initially, the co-op defendant refused to offer any compensation and sought dismissal from the case; the defendant had never paid asbestos injury cases arising from the plant in question and did not want to start. However, after a court ruling in our favor, the defendant shifted from a zero-pay position to settling the case close to trial for a very significant sum.
NOTE—Our client’s enhanced benefit workers’ compensation case against his plant-owning employer presses onward, and we are continuing to fight for justice on his behalf. O’Brien Law Firm lawyers helped draft and get this important Missouri law passed.
The O’Brien Law Firm Is Here to Help
Mesothelioma and asbestos cases can present unique challenges, but the O’Brien Law Firm has successfully handled them for decades. Tough cases don’t deter us—we dig deeper, fight harder, and explore every legal avenue to make sure our asbestos injury clients get every dollar in compensation available.
Our lawyers have a deep understanding of the legal process unique to Missouri and the Midwest. For a FREE case evaluation, contact us online or give us a call at (314) 588-0558!