Before Jose Munoz died of malignant mesothelioma, he testified against the companies he blamed for having exposed him to asbestos. He recalled working with DAP, Inc. caulks and plaster products, and the dust he’d inhaled when sanding those products down. Though DAP asserted that the case against them should be dismissed, arguing that their products contained no asbestos, the judge hearing the case rejected their petition, pointing to DAP’s failure to meet the standard the law requires to justify dismissal.
Law Requires Asbestos Company to Prove Their Product Could Not Have Caused Mesothelioma Death
When a company is named as a defendant in a mesothelioma lawsuit, they have the right to ask for the case to be dismissed. However, to have their request granted, the law requires that they prove dismissal is warranted. This is interpreted as having them provide “sufficient evidence to eliminate any material issues of fact from the case.”
The existence of this high standard is why so few mesothelioma lawsuits are dismissed: It is very difficult to “unequivocally establish” that a product could not have contributed to the cause of the plaintiff’s injury, especially when the victim has evidence of the presence of asbestos in the product.
Mesothelioma Victim Has Weight of Evidence
Mr. Munoz’s survivors provided both his unequivocal testimony and information provided by an expert witness who’d reviewed his exposure and occupational history and confirmed that it would have caused his malignant mesothelioma. The judge compared that to an affidavit from DAP’s expert that was not case-specific, and not based on personal knowledge that could establish that no DAP products containing asbestos were in circulation near or used by Mr. Munoz.
Based on the insufficiency of the asbestos company’s case and the strength of the mesothelioma victim’s evidence, the judge denied the petition to dismiss the case and allowed the lawsuit to move forward for a jury to decide.
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.
