Asbestos & Mesothelioma Law Blog
For purposes of this article, the mesothelioma victim in this case will be referred to as Mr. W.S.
In a recent Supreme Court decision, Justice Corcoran rejected a motion for summary judgment filed by a defendant accused of causing a deceased individual’s mesothelioma. In this case, the late W.S., who worked in the food industry, blamed his mesothelioma on the safety gloves he used at work. Mr. W.S. died in 2021, but before his death, he filed a lawsuit against the manufacturer of the gloves, Magid Glove and Safety Manufacturer. The defendant filed a motion seeking to have Mr. W.S.’s case dismissed, but the court denied their request.
Mr. W.S.’s case is not unique, as most people diagnosed with malignant mesothelioma blame their illness on years of being exposed to asbestos while at work. This is called occupational asbestos exposure. However, many other people develop mesothelioma after suffering secondary and environmental asbestos exposure. After years of working in the food industry and using safety gloves manufactured by Magid Glove and Safety Manufacturer, Mr. W.S. was diagnosed with mesothelioma, a rare and aggressive form of cancer that affects the mesothelium (the tissue lining most internal organs). His trial was scheduled to be held in March 2021 but was postponed due to the COVID-19 pandemic. Unfortunately, Mr. W.S. passed away in July 2021 before the resolution of his case. However, his case continued after his death, with his estate representative taking over.
In the following years, the estate and the defendant attempted to negotiate and reach a settlement. However, no settlement agreement was reached. Before a jury could hear the case, the defendant filed a motion for summary judgment. According to the defendant, Mr. W.S.’s testimony was inaccurate. The deceased, in his testimony, had said that the gloves he blamed for his illness were labeled with the defendant’s name. Magid presented an affidavit from a company representative, which stated that while the company had distributed asbestos-contaminated gloves, they had not manufactured them. The affidavit asserted that the gloves did not bear the company’s brand. According to Magid, the only notation that linked the asbestos to them was on the gloves’ shipping labels.
Justice Corcoran of the Supreme Court carefully considered Magid’s argument. After careful consideration, the judge denied the defendant’s petition for summary judgment. Justice Corcoran highlighted that the defendant had not successfully proven that its gloves could not have caused Mr. W.S.’s illness. The judge pointed out that the affidavit the defendant presented relied on a review of unspecified documents and conversations with unnamed former company representatives. The judge concluded that the affidavit did not meet the evidentiary standard required for summary judgment. Justice Corcoran allowed the case to proceed.
Nationwide Mesothelioma Lawyers
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 you and your family live a more comfortable life.