Recently in Utah, the state's Supreme Court made an important decision for the heirs of asbestos victims in the state. After what was described as "case of first impression," it was affirmed that "when the death of a person is caused by the wrongful act or neglect of another, his heirs...may maintain an action for damages."
The decision was brought about after the defendants in Vickie Warren's 2010 peritoneal mesothelioma personal injury trial filed a motion to dismiss her heirs' 2012 wrongful death case. The trial court dismissed this motion, and the defendant's appealed the decision.
In the case, the Utah Supreme Court ruled that the heirs had the right to file a wrongful death lawsuit against those responsible for the passing of their loved one.
Asbestos and mesothelioma law firm Brayton Purcell LLP represented Warren and her heirs throughout her 2010 trial and the defendants' appeal.