The New York Asbestos Court was asked to consider an argument from Colgate-Palmolive regarding whether Texas law or New York law should be applied to a claim filed by the family of a mesothelioma victim. After weighing arguments from both sides, Justice Adam Silvera agreed that New York law should prevail, and therefore the case was not subject to summary judgment.
Woman’s Use of Colgate-Palmolive Product in New York Blamed for Mesothelioma
The original case was filed in New York by Linda English in 2019, after she was diagnosed with malignant pleural mesothelioma. When she died in 2021, her case was continued by her wife, Patricia Raso. The basis of the filing was that Ms. English used Colgate-Palmolive’s Cashmere Bouquet talcum powder product while on layovers in New York during her 33-year career as a Delta Airlines flight attendant.
In response to the mesothelioma lawsuit, Colgate-Palmolive filed a motion for summary judgment, arguing that because Ms. English was a resident of Texas, had purchased their product in Texas, and had never lived in New York or received treatment in New York, that Texas law should apply. The reason for their filing is clear: the facts submitted in the case would not have met Texas’ standard for bringing a case, where under New York law it does.
Judge Decides in Mesothelioma Victim’s Favor
In his decision on the case, Justice Silvera noted that before her mesothelioma death, Ms. English had testified to extensive use of the asbestos-contaminated talcum powder in New York. He also noted that Colgate-Palmoliive is based in New York and that New York conflicts of law emphasizes the jurisdiction’s interest as resting with “the law of the place of the tort.”
As a result, and since Ms. English’s family had presented sufficient evidence to support a question of causation under New York law, the judge allowed the mesothelioma claim to continue to be heard under New York law and denied Colgate-Palmolive’s motion for summary judgment.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, it is important that you have knowledgeable guidance. For assistance, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
