Magistrate Judge Recommends Dismissal of Loss of Consortium Claim in Asbestos Suit

GREENSBORO, N.C. –– A North Carolina magistrate judge has recommended that Kelly-Moore’s motion to dismiss a loss of consortium claim asserted in an asbestos wrongful death lawsuit, opining that the state’s wrongful death statute encompasses loss of consortium claims.

In the Aug. 9 recommendation, U.S. Magistrate Judge L. Patrick Auld of the U.S. District Court for the Middle District of North Carolina found that dismissal of the loss of consortium claim was appropriate.

Mary Lou Stewart filed the complaint, contending that her late husband, Alexander Leroy Stewart Jr., developed mesothelioma as a result of exposure to asbestos-containing products.

Kelly-Moore Paint …