A three-judge panel of the New Jersey Superior Court has determined that Spanish citizens who worked on U.S. Navy warships while docked in Spain can bring suit in the U.S. for the illnesses brought on by their asbestos exposure.
The plaintiffs, 15 Spanish citizens, contend that their illnesses developed because they worked on the navy vessels between 1950 and 1998. Suit is being brought against Owens-Illinois which manufactured the asbestos-based insulation in 2 plants in New Jersey.
Lawyers for Owens-Corning had argued that the case should be heard in a Spanish court and apparently had received a decision in their favor. This current ruling overturns that and sends the case back to Superior Court for trial.
In overturning the earlier ruling, the judges found that, wherever they are docked, Navy warships are considered U.S. territory and liability for the plaintiffs’ exposure should therefore be heard in a U.S. court, not a Spanish one.
This is significant and if the ruling sticks could mean many more mesothelioma lawsuits brought by foreign citizens in our courts.
