A New Jersey appeals court has reopened a wrongful death suit on behalf of a man who, plaintiffs claim, developed mesothelioma as a result of using Scotts lawn fertilizer.
The appeals court, reversing the trial judge, said newly discovered evidence required reopening the case. Scotts had secured dismissal of the lawsuit on summary judgment in January 2014.
Another suit seeking to link Scotts lawn fertilizer to mesothelioma, Fraser v. Scotts, also ended in a defense verdict in a state court in Los Angeles in July 2017, according to online reports. The jury verdict in that case is on appeal.
The New Jersey suit was brought on behalf of Lorenz Brandecker, a cabinet maker from Wayne, New Jersey. His July 2012 suit claimed that his twice-yearly use of Scotts Turf Builder fertilizer on his lawn from 1967 to 1980 contributed to his development of mesothelioma. He also brought suit against other companies that allegedly exposed him to asbestos at work, including Homasote Co., which entered into a confidential settlement, according to court documents. Brandecker’s suit claimed Turf Builder was made with vermiculite ore that contained asbestos. He died in October 2012.
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