When Kenneth Last was diagnosed with malignant mesothelioma, it was no mystery as to where his exposure had come from. He had worked as a sub-contracted employee at the World Trade Center when it was under construction, and he blamed his exposure on general contractor ALCOA’s use of asbestos-containing materials where he had worked. Though ALCOA argued that they had not used the carcinogenic material and asked for the case to be dismissed, a New York judge determined that issues of fact need to be determined, and the case should go to a jury.
Asbestos Exposure from World Trade Center Work Blamed for Mesothelioma Death
According to the original mesothelioma claim, Mr. Last worked at the World Trade Center beginning in 1972. His suit points to general contractor ALCOA’s use of asbestos-containing material in proximity to his work, and accuses them of creating a dangerous condition despite knowing of the hazards of the material.
Included in the claim were exhibits proving that the company had been well aware of risks surrounding its use, as well as that the company had been involved in selecting the materials used by its subcontractors.
ALCOA Argues Against Standing Trial Regarding Worker’s Mesothelioma Death
ALCOA filed a motion for summary judgment arguing that it should not have to defend against the mesothelioma claim. To support their petition, they said that they did not supervise or control Mr. Last’s work as a sub-contractor employee, and also submitted a memo dated May 15, 1970 showing that there was an agreement between their construction manager and contractors regarding the costs of switching to an asbestos-free product.
In response to the company’s petition, the judge hearing the case agreed with the mesothelioma victim’s estate that there were issues of fact to be determined, noting in particular that the memo provided did not mean that the switch had taken place, or even if it had, that Mr. Last would not have been exposed to asbestos during his employment.
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to support you through your challenges. Contact us today at 1-800-692-8608
