Almost all of the people diagnosed with mesothelioma were exposed to asbestos on the job. Many of them worked in the building trades, where products contaminated with the carcinogenic material were used on a daily basis. Caulk is a common source of this exposure, and many victims name caulk manufacturers in their personal injury lawsuits. Recently, a caulk manufacturer was named by several victims, and asked to be excused from all of them, but their request was denied in all three cases.
One Asbestos Product Blamed for Three Men’s Malignant Mesothelioma
On October 1st, Justice Adam Silvera of the Supreme Court of New York handed down decisions regarding three different malignant mesothelioma victims who all blamed the same company for having exposed them to asbestos. Anthony Torio, Mario Bellicose, and Thomas Learmond all had long work histories in the building trades, and each one was diagnosed with and died of the rare, asbestos-related disease. All three men’s survivors named DAP, Inc. as a defendant in their personal injury lawsuit.
DAP filed motions for summary judgment in all three mesothelioma lawsuits, arguing that the claims against them should be dismissed. They offered the same legal argument in each case, saying that the claims were “speculative” because not all DAP caulks contained asbestos at the time that the men worked and that the victims’ assertions of causation were insufficient.
Judge Denies Caulk Manufacturer’s Efforts to Evade Mesothelioma Liability
Justice Silvera rejected the company’s argument against having to defend itself against the mesothelioma claims. He noted that the affidavit it had submitted from its former employee was an insufficient argument in its defense because it did not establish that the company’s asbestos-containing products were not used by the victims, and in fact, confirmed that some formulations of the product contained the carcinogen. By contrast, the victims’ attorneys had submitted unequivocal testimony of their products’ use.
Additionally, the judge noted that the company’s attorneys had made the same error that other asbestos defendants have recently made, relying on a legal precedent applicable to jury decisions and trying to inappropriately apply it to a summary judgment argument. All three mesothelioma claims will move forward for a jury to decide.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.
