Navy veteran John P. Reeves was diagnosed with asbestos-related lung cancer after a lifetime of exposure to asbestos-containing products. He filed a personal injury lawsuit naming several companies whose products contained asbestos as defendants, including DAP, Inc., a manufacturer of caulking products. The company filed a motion to dismiss the case, arguing that not all of the caulks that it manufactured contained asbestos and calling the claim speculative. Upon review, the court rejected the company’s request and allowed the case against the company to move forward.
Navy Veteran Blames Asbestos in Caulk for Lung Cancer Diagnosis
Mr. Reeves’ lung cancer was diagnosed in 2019. He points to repeated exposures to DAP’s caulk products, starting in 1961 when he served in the U.S. Navy aboard the USS Forrestal for three years, as well as caulking work he performed in his home throughout the year. He also cites DAP’s asbestos-containing window glazing from renovating his home between 1966 and 1967.
DAP asked the court to dismiss it from the victim’s lung cancer case, arguing that he had failed to establish a specific link between his illness and their product. In response, Mr. Reeves said that the company had failed to prove that its products could not have caused his illness, while he had provided specifics about his use and exposure.
Lung Cancer Victim’s Expert Witness Supports DAP Asbestos Theory
After hearing arguments from both the lung cancer victim’s attorneys and the asbestos company’s attorneys, Justice Adam Silvera of the Supreme Court of New York County decided in favor of the Navy veteran. He noted that while DAP had failed to affirmatively prove that their product could not have caused Mr. Reeves’ illness, the victim had presented causation analysis and expert witness testimony about his exposure and occupational history that could lead a reasonable juror to decide that asbestos exposure from DAP products was a contributing cause of his illness.
If you or someone you love has been diagnosed with mesothelioma or asbestos-related lung cancer, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
