Three years ago, 85-year-old Josip L Radovic was diagnosed with asbestos-related lung cancer, a disease that, like malignant mesothelioma, is frequently caused by workplace exposure to the toxic mineral. He filed a lawsuit naming multiple companies whose products he had worked with decades earlier, and several of them filed motions to have the case against them dismissed. Their petitions were recently denied by the judge hearing their case.
Lung Cancer Victim Recalls Boxes Labeled “Asbestos” at Rockefeller Center Worksite
When people diagnosed with malignant mesothelioma and asbestos-related lung cancer choose to pursue legal action, they are faced with the challenge of remembering workplace details from decades ago. In this case, Mr. Radovic gave deposition testimony three years ago regarding his work history from 1970 through 1979. He said that he had worked “all around Rockefeller Center” and that he was frequently around flooring work and saw boxes of tiles that said asbestos.
Though the lung cancer victim did not mention their products by name in his testimony, his lawsuit named Goodyear Tire & Rubber, Union Carbide Corporation, and Domco Product Texas as defendants based on depositions in other cases that had placed those companies’ asbestos-containing products at the same locations where Mr. Radovic had worked. The companies each filed motions to have the claims against them dismissed based on Mr. Radovic’s lack of specificity.
Judge Denies Asbestos Companies’ Request for Dismissal
In his denial of the requests from each of the companies, Justice Adam Silvera of the Supreme Court of New York County noted that none of them had met the burden that the state requires for claims against them to be dismissed. Instead of pointing to gaps in the elderly man’s lawsuit, each company needed to prove that their products were not located at any of his worksites or that they did not contain asbestos. Their failure to do this resulted in each of the asbestos companies’ petitions being denied, and the claims against them heading for a jury trial.
If you or someone you love has been diagnosed with malignant mesothelioma or asbestos-related lung cancer, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
