In 2019, Francesco Carboni died of asbestos-related lung cancer. His widow, Susan, blamed the asbestos he was exposed to as a result of his work as an auto mechanic for his exposure and blamed multiple companies. Included among them was a company operating as Alfa Romeo USA. After years of participating in the litigation, the company’s attorneys filed a motion for summary judgment, asserting that they were not actually Alfa Romeo and that Mrs. Carboni had filed suit against a nonexistent defendant. The judge hearing the case denied the defense and allowed the case to proceed.
Asbestos Company Argues Wrong Name in Claim Precludes Suit Lung Cancer Liability
Mrs. Carboni’s lung cancer lawsuit against Alfa Romeo has been going on for several years: the company’s attorneys had even questioned the plaintiff and other witnesses about their experiences with Alfa Romeo vehicles and parts. Still, they had failed to respond to standard New York City Asbestos Litigation interrogatories, including questions about corporate history and successor liability.
When Alfa Romeo USA filed a motion for summary judgment in 2023, the lung cancer widow requested their answers and supporting documents again, but the company declined to provide them. This left her with no choice but to rely on publicly available documents to support her assertion of ties between the parent company and the defendant and continue with the case. More recently, however, the defendants argued for the first time that Alfa Romeo USA was a nonexistent company and that their true name, FCA US LLC, did not exist at the time of Mr. Carboni’s exposure while maintaining and repairing Alfa Romeo’s cars.
Judge Denies Auto Repair Company’s Request to Dismiss Asbestos Claim
In response to the company’s attempt to have the case dismissed on these grounds, Justice Silvera noted that the asbestos-related lung cancer widow’s pleadings had been sufficient to put the defendant on notice of the case and that no misunderstanding existed: the defendant had accepted service, appeared, and answered. Moreover, they had never indicated their intent to raise the issue of corporate identity and history.
Beyond all of these issues, the judge noted that no matter what the company was called, the defendant had not met its burden of establishing that it bore no liability for Mr. Carboni’s exposure to asbestos or subsequent illness. He denied the company’s motion for summary judgment and the case will continue to trial.
If you or someone you love has been diagnosed with malignant pleural mesothelioma or asbestos-related lung cancer, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
