A new round of mesothelioma lawsuits in Massachusetts and surrounding states against fertilizer manufacturers may have gained new traction with a recent decision by the Superior Court of New Jersey Appellate Division reviving an asbestos wrongful death lawsuit.
In Brandecker v. E.B. Mill Supply Co. et al, plaintiff filed on behalf of the victim, a former cabinet maker from New Jersey who reportedly used two bags of defendant fertilizer company’s spreader fertilizer twice annually on his personal lawn in New Jersey. He did so from 1967 to 1980. In the lawsuit, filed in 2012, he alleged this exposure contributed to his development of mesothelioma, a latent but deadly cancer caused by exposure to airborne asbestos fibers. He asserted the Turf Builder product manufactured by defendants contained vermiculite ore, a substance that contained asbestos.
He had also alleged his exposure to the fibers in other settings – primarily at work – also contributed to his developing the terminal disease. He entered into confidential settlement agreements with other defendants, but the claim against the fertilizer company was still pending in 2014 when the trial court granted defense motion for summary judgment. (Plaintiff died in 2012 from mesothelioma; his estate representative carried on as plaintiff, adding the wrongful death claim.)
Now, that summary judgment has been reversed, meaning the wrongful death claim can continue. Continue reading →