Released on January 11, 2023
Following his mesothelioma diagnosis, Richard Shellenberger and his wife Pamela filed a lawsuit against multiple defendants. Among them were Kreider Dairy Farms, Inc. and Noah W. Kreider & Sons, LLP, the company for which he worked from 1972 to September 1980. Although the trial court granted summary judgment to the dairy and its owners, the Pennsylvania Supreme Court overturned that decision. The judges agreed with the victim’s family that at the time the dairy opened, the dangers of asbestos were known and that the defendant’s duty to his employee was to protect him from workplace hazards “that could be discovered with reasonable care.” “.
Mesothelioma victim worked on an asbestos-contaminated boiler at a dairy
According to the original mesothelioma lawsuit, Mr. Shellenberger was exposed to asbestos while working on boilers at Kreider Farms’ milk processing plant from 1972 to 1980 at the time, and the court granted the application.
Ms Shellenberger appealed the trial court’s decision, arguing that it had been wrongly decided. In the review, the Pennsylvania Supreme Court found that the duty of care Kreider allegedly failed to perform goes beyond protecting against known hazards and that employers are also expected to “create and maintain a safe work environment consistent with conduct corresponds to an ordinary employee, prudent person who, as a person with commercial experience, has special knowledge.
Court finds employer’s duty to protect workers from mesothelioma
Although the defendants argued that they were unaware that asbestos was dangerous or that exposure to asbestos could cause mesothelioma, the court agreed they should have known. They cited evidence presented by the widow showing that medical journals and publications from the 1960s had identified the dangers of asbestos and that the same month the dairy first opened its doors, the Occupational Safety and Health Administration issued a workplace standard for published the asbestos exposure.
As a result of that finding, the Pennsylvania Supreme Court reversed the trial court’s decision to dismiss Kreider as a defendant. The company has to face the mesothelioma widow in court.
If you or someone you love has been diagnosed with malignant mesothelioma, it is important that you have the resources you need to seek justice. For information on how Mesothelioma.net patient representatives can help, contact us today at 1-800-692-8608.
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