Navy workers can sue in America for asbestos injuries in Spain

On Tuesday, a state appellate court in New Jersey overturned the decision of a lower court in ruling that Navy workers who were employed on ships in Spain can sue an American company for asbestos-related illnesses they developed. The lawsuit was filed in 2004 against Owens-Illionois Inc. of New Jersey for producing asbestos-laden insulation.

Previously, the case had been dismissed on grounds that the injuries occurred overseas and not in New Jersey. Spanish courts, however, would not hear the claim because the injuries occurred on sovereign U.S. territory: the Navy warships.

The appellate decision, written by Appellate Judge Anthony J. Parrillo, said the lower court judge should have given more consideration to the workers' choice of court. Parrillo insists that Owens-Illionois will not be overburdened by the case because key evidence relating to the sale of asbestos to the U.S. military is more accessible and readily available in America.