Every mesothelioma victim has their own story of how they were exposed to asbestos, and each one’s survivors carries their own grief and sense of loss. However, pursuing a claim against the asbestos companies responsible can be exhausting and emotionally taxing, so the idea of joining forces and combining claims is very appealing. Asbestos companies don’t like when it happens and fight to disallow it, because two stories of loss carry more weight than one. But in a recent case, a New York judge permitted two cases to be consolidated.
Joint Trial Granted to Mesothelioma Victims
When mesothelioma victims ask to consolidate their cases in New York, judges need to consider whether they have demonstrated that joinder is warranted. New York law permits two cases to be joined for trial “where plaintiff demonstrates that joinder is warranted” based on specific factors. Not every factor needs to be present, but most do.
In the cases filed by the families of Kenneth Last and Patrick Joyce, both men died of malignant pleural mesothelioma after having been exposed to asbestos during their employment as carpenters. They were also both exposed during their work helping auto mechanics working on similar equipment, discovery in both cases is complete, and both are represented by the same attorney. These commonalities represent seven of the eight factors that New York requires.
Companies Objections to Joining Mesothelioma Claims Denied
Though the asbestos companies named in both mesothelioma claims objected to their consolidation, arguing that there was no commonality as to the men’s worksite, occupation, years of exposure, and defendants, Justice Adam Silvera dismissed their objections, noting that judicial economy would be served by consolidation and that the central issue was the same, as well as other elements in common.
Mr. Joyce and Mr. Last’s families will be able to join their mesothelioma claims against the asbestos companies both name in their lawsuits and the two cases will be presented to a jury at one time.
If you or someone you love has been diagnosed with malignant mesothelioma and you need information about how best to move forward, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608. We’re here to help.
