Anthony W. Morale died of malignant mesothelioma after nearly forty years of working as a heating technician. Before his death, he filed a personal injury lawsuit accusing Fulton Boiler Works of having negligently exposed him to asbestos. In an attempt to avoid having to face a jury trial, the defendant filed a motion for summary judgment, asking Justice Adam Silvera of the Supreme Court of New York County to dismiss the claim due to the victim’s failure to establish that he had been exposed to their products. Still, the judge denied their request, allowing the case to move forward.
Boiler Company Accused of Causing Man’s Mesothelioma Denies Claim of Asbestos Exposure
When mesothelioma victims tell their stories to juries, it generally doesn’t go well for the companies they’re accusing of causing their fatal illness. That’s why so many asbestos companies choose to settle out of court or attempt to have the entire case dismissed.
Facing the potential for a jury trial, Fulton Boiler Works offered testimony from their corporate representative asserting that their boilers didn’t require the type of service and assembly work the mesothelioma victim said he had done. They also claimed that their boilers were not sold for use in the types of environments where he had worked.
Judge Notes Mesothelioma Victim’s “Unequivocal” Testimony
Despite suffering from mesothelioma Mr. Morale testified in great detail about work that he’d done six decades earlier, including specifically identifying Fulton’s boilers. In weighing the two sides’ arguments, the judge noted that Mr. Morale had been “clear and unequivocal” despite having been deposed within a few months of his diagnosis and passing away shortly after his testimony.
Justice Silvera pointed out that when there is conflicting testimony between a mesothelioma expert and an asbestos company, it creates a “classic battle of the experts” that requires consideration by a jury. The case will move forward.
If you have been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help you with your questions and concerns. Contact us today at 1-800-692-8608 to learn more.
