Perkins Engines was named a defendant in two different asbestos cases: one filed by Winfield P. Frederick who was diagnosed with asbestos-related lung cancer, and one filed by lung cancer victim Kenneth Nankervis. The company filed motions for summary judgment, looking to the Supreme Court of New York County to grant their request to evade liability. Their petition in both cases failed.
Engine Company Argues the Victim Provided Insufficient Proof of Causation of Lung Cancer
In the first case decided by New York judge Adam Silvera, Perkins Engines filed a motion for summary judgment seeking to dismiss a lung cancer liability claim filed by Kenneth Nankervis, whose personal injury claim blamed asbestos in the company’s gaskets for his illness. The victim had submitted evidence of his exposure, and the company countered it with expert testimony citing simulations studies on asbestos exposure from gaskets not produced by Perkins.
Though the company’s expert concluded that Perkins’ gaskets could not have caused Mr. Nankervis’ lung cancer, the judge said that the statements were unsupported, and insufficient to prove that exposure to Perkins’ products could not have contributed to his illness. The judge further rejected the company’s assertions that Mr. Nankervis’s smoking history increased his risk of lung cancer as non-dispositive.
Expert Witness Testimony Insufficient to Stop Lung Cancer Claim
In the second lung cancer case that Perkins Engine tried to shut down, the plaintiff — Winfield P. Frederick — blamed asbestos in the engine company’s gaskets for his lung cancer. The company again argued that the victim had provided insufficient evidence that exposure to their products had led to his illness, but the court again dismissed the expert witness testimony, indicating that the expert had been “unaware that Perkins had manufactured or supplied friction products including brakes and clutches.”
The judge again ruled against the asbestos company, noting that their expert’s testimony that Mr. Frederick had suffered insufficient exposure to asbestos relied on reports about gaskets that were not produced by Perkins. With no link between their evidence and the victim’s situation, the petition for summary judgment was denied.
If you or someone you love is preparing for a lung cancer or mesothelioma claim against an asbestos company, it’s important to have representation and resources. For more information, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
