Asbestos & Mesothelioma Law Blog
For purposes of this article, the widow in this case will be referred to as Mrs. M.B.R., and the late husband will be referred to as Mr. R.
In a recent legal battle in the New York Supreme Court between a mesothelioma widow and Arconic, Inc., the judge presiding over the case denied Arconic’s motion to dismiss the claim against them. Arconic, Inc. is just one of the multiple companies named in the personal injury claim. According to Mrs. M.B.R., the defendants are responsible for having exposed her late husband to asbestos.
Mrs. M.B.R.’s late husband used to work at the World Trade Center construction site. According to the mesothelioma widow, during the time her husband worked at the World Trade Center construction site, the Arconic’s fire-proofing spray her husband worked with led to him being exposed to asbestos, which, in turn, led to him developing mesothelioma. Mesothelioma is a cancer that occurs in the mesothelium (the thin tissue covering most of your internal organs). Arconic, Inc. did not take these allegations lightly and decided to counter the accusations by filing a motion to dismiss with the court. According to Arconic, they stopped using asbestos-containing products after 1970. The company argued that Mr. R started working at the World Trade Center after the company had stopped using asbestos-contaminated products.
Arconic, Inc. relied on a memo regarding the discontinuation of the use of the asbestos-contaminated fire-proofing spray. In response to the company’s attempt to dismiss the claim against them, the widow’s legal counsel noted that Arconic had no way of showing that they had discontinued the use of the product. The claimant’s attorney pointed out that the defense had no way of showing that the use of the asbestos-containing product hadn’t been resumed.
After carefully considering both sides’ arguments, Justice Adam Silvera decided not to grant Arconic, Inc. the motion to dismiss. The judge allowed the case to move forward for a jury to decide its merits. The judge’s decision came after he found that the mesothelioma defendant was unable to unequivocally establish that the fire-proofing spray could not have contributed to the late victim’s illness. According to the judge, none of the arguments presented by Arconic had disproved that Mr. R suffered asbestos exposure due to their products during his employment. Further, the judge highlighted that the mesothelioma widow’s attorney had provided enough documentary evidence to raise a factual question as to the level of asbestos-contaminated materials used at the WTC after 1970, its closeness to Mr. R’s work, and whether Arconic had notice of, or was responsible for creating the hazardous condition. Now, this case lies in the hands of jury members to decide its merits.
It is evident from this case just how vital it is to establish a clear link between a defendant’s product or material and the victim’s mesothelioma, and as noted, working with a skilled attorney is quite crucial when it comes to fighting defendants’ arguments regarding causation.
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If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.