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Exclusivity Did Not Bar Claim over Enlisted Sailor's Death

By Sherri Okamoto (Legal Reporter)

Wednesday, November 7, 2012 | 0

A divided Supreme Court ruled that the widow of a seaman who died of malignant mesothelioma as a result of his exposure to large quantities of asbestos dust and fibers at a Virginia shipyard while he was on active duty in the U.S. Navy was not limited to pursuing a remedy under the workers' compensation statutes. Case: Gibbs v. Newport News Shipbuilding and Drydock Co., No. 111870, 11/02/2012, published.Facts: The U.S. Navy commissioned two nuclear submarines to be built by the Newport News Shipbuilding and Drydock Co. in 1962. The purchase contract specifically provided that the vess...

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