South Florida Personal Injury Lawyers Blog
The Southern District of Florida has dismissed a man’s damages claim against a company he alleges caused him to be exposed to asbestos. In Rothchild v. Crane Co., a man who contracted mesothelioma from his exposure to asbestos fibers filed a lawsuit in state court seeking damages from a manufacturing and distributing company. After the case was removed to federal court, the man alleged he was injured as a result of his exposure to products containing asbestos that the company produced and sold. Although the man claimed that he was exposed to the company’s asbestos-containing products at a manufacturing plant in Boynton Beach between 1961 and 2003 in his state court complaint, neither party to the lawsuit referred to this purported exposure after the case was removed to federal court. In response to the man’s injury lawsuit, the company filed a motion to dismiss the case for failure to state a claim upon which relief may be granted. The company argued that the man failed to plead his case with enough specificity to determine whether the business had any role in his asbestos exposure.
According to the court, the Federal Rules of Civil Procedure require that a plaintiff in a lawsuit plead his or her case with a “short and plain statement of the claim showing that the pleader is entitled to relief.” In addition, the facts alleged must be sufficient to demonstrate that a plaintiff has a plausible claim for relief. The court stated it is required to view a plaintiff’s allegations as true when considering a motion to dismiss a lawsuit. Still, a court may only consider those allegations and exhibits provided in the plaintiff’s complaint.
After examining the man’s federal pleading, the court held that it was not sufficient. The Southern District of Florida stated the complaint did not contain enough facts to demonstrate the company may have committed the acts alleged. Because of this, the federal court granted the company’s motion to dismiss the man’s lawsuit and provided the plaintiff with 30 days during which to amend his pleading to add more specificity.
Mesothelioma is a rare and often fatal form of cancer that is normally caused by exposure to asbestos. In the past, asbestos was used in thousands of construction and other products across the United States. Most people who develop mesothelioma worked in manufacturing and other jobs where they inhaled or ingested large amounts of asbestos fibers. It can take years for a person who was exposed to asbestos to develop mesothelioma.
If you or someone you love was exposed to asbestos and developed mesothelioma, you should speak with a skilled Miami attorney about your rights. To schedule a free confidential consultation with a caring personal injury advocate, contact Friedman, Rodman & Frank, P.A. through our website or give us a call at (305) 448-8585.
Additional Resources:
Rothchild v. Crane Co., Dist. Court, SD Florida 2014
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