Mario Caligiuri blames his mesothelioma diagnosis on the asbestos he was exposed to during his career as a welder. When filed a personal injury lawsuit against companies whose asbestos-contaminated products he used or was exposed to, he included Olympic Glove & Safety Co., Inc. whose gloves he wore in the 1970s. Olympic filed a motion with the courts to have the case against them dismissed, but the judge hearing their reasoning said that they hadn’t met the level of proof required for their petition to be granted.
Glove Manufacturer Argues Against Standing Trial in Mesothelioma Claim
Mr. Caligiuri’s mesothelioma lawsuit points to extensive exposure to asbestos in Olympic brand gloves at a high frequency and for many years. He provided expert opinions about the causal connection between the gloves and his illness, and the amount of asbestos fibers he is likely to have inhaled.
By contrast, Olympic’s justification for dismissal of the mesothelioma claim offered no medical expert to address the question of causation. The company also did not dispute that its gloves contained asbestos during the time that Mr. Caligiuri would have used them. Instead, they simply offered the expert opinion of an industrial hygienist who asserted that exposure to asbestos from their gloves would not have caused his illness.
Judge Explains Requirement for Dismissal of Mesothelioma Claim
Justice Adam Silvera of the Supreme Court of New York County denied the company’s request for dismissal of the mesothelioma claim against them, noting that summary judgment is a drastic remedy that should only be granted if the moving party has sufficiently established that it is appropriate. In this case, that would have required Olympic to provide proof that there was no causation. Combining that with the fact that the company didn’t dispute that they’d sold asbestos-containing gloves, the case will move forward for a jury to weigh the evidence.
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.
