The family of an asbestos cancer victim may finally find justice after a New York state court ruled in their favor against a tile company they claim is responsible for the death of their loved one. The defendants had filed what is known as a motion for summary judgement to have the case tossed out on evidentiary rules but the judge hearing the case rejected the arguments put forth and will allow the claim to proceed to trial.
In their mesothelioma cancer lawsuit, the plaintiffs claim their father died in April 2017, just six-months after receiving a mesothelioma cancer diagnosis brought on by exposure to asbestos fibers in tiles produced by the defendant, Amtico Tile. The lawsuit alleges the victims spent more than a dozen years renovating homes using the defendant’s floor tiles, which had visible asbestos dust on top of the tiles in the boxes that he opened. The claim states the victim suffered from exposure to asbestos dust raised by cutting, scoring, breaking, and sanding tiles so that they would fit in the rooms where he was installing them.
The defendants attempted to have the case thrown out of court by asserting the plaintiffs had not established a clear connection between exposure to asbestos dust in their products and the terminal health conditions the victim developed. In denying the defendant’s motion for summary judgement, the New York Supreme Court pointed out that the plaintiffs met all the criteria necessary to have the claim proceed under New York laws and eventually be heard in front of a jury if necessary.
One of the main points in the court’s decision was pointing to evidence submitted by the defendant’s own expert witness who could not contest the causal relationship between exposure to asbestos and developing mesothelioma, a rare and deadly form of cancer linked with asbestos exposure. Asbestos was onced used in many commercial and construction applications such as in floor tiles, insulation, and drywall before federal regulations effectively banned the use of the substance.
Mesothelioma has a latency period of anywhere from 20 to 50 years before doctors can make a diagnosis, often times at a point in the disease’s progression when treatment options are limited and victims have little time left to live. While nothing can undo a mesothelioma cancer diagnosis, victims and their families can file asbestos cancer lawsuits against manufacturers, holding them accountable and recovering much needed compensation for medical bills, lost wages, and pain and suffering.
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If you or a loved one was diagnosed with mesothelioma, contact our office to speak to one of our experienced 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.