Case of mesothelioma victim v. U.S. Navy contractor to go to retrial

Oct 14, 2009

In Oxford v. Foster Wheeler LLC , the California First District Court of Appeal recently reversed a judgment for over $1 million against Foster Wheeler, stating that the San Francisco Superior Court jury’s verdicts were inconsistent with the plaintiff’s claims. But the court also rejected Foster Wheeler’s claim that complying with U.S. Navy specifications served as a complete defense against the claim for negligent failure to warn. 

Calvin Oxford died of mesothelioma in 2005. His widow and children filed suit against Foster Wheeler, the manufacturer of marine boilers that Oxford had worked on during his service with the U.S. Navy as a boiler tender, claiming that the company’s failure to warn him of the health risks associated with the asbestos in the boiler resulted in his disease and eventual death.

Based on the Court of Appeal’s ruling, the Oxford family must go back to the trial court and present their claims all over again.

For the full story, go to Metropolitan News-Enterprise.

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