Spanish workers allowed to file asbestos lawsuit in the U.S.

Newark, NJ - A state appellate court has overturned a lower court ruling against fifteen Spanish workers suing an American company over asbestos-related illnesses caused by the company's products.

On Tuesday, a panel of three voted unanimously to overturn the previous ruling. Appellate Judge Anthony J. Parrillo said if the lower court judge had given more consideration in the available choices of court for the workers, he would have realized that New Jersey was the only state where the workers were eligible for filing their lawsuit.

Although the Navy ship was docked at a U.S.-Spanish military base in Rota, Spain, Spanish law stipulates that the damages occurred on U.S. territory - the Navy warships. This made the plaintiffs ineligible to file the suit in Spain.

The Spanish workers claim that while working on U.S. Navy ships in Spain from 1950 to 1998, they were exposed to asbestos through products made by Owens-Illinois Inc. at its New Jersey plant. The company was incorporated in Delaware but is currently based in Ohio.

The company's lawyer said that had yet to make a decision on whether to file an appeal to Parrillo's ruling.

However, he questioned the decision to allow the case to be tried in New Jersey as the injuries happened overseas, and none of the plaintiffs had ever set foot in the state. He said it didn't seem fitting for a New Jersey court to have to deal with such a case.

The panel said that having it in the U.S. would actually be more convenient for Owens-Illinois seeing how the company is based here and therefore, has all of its important evidence and witnesses related to the case here.

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