The vast majority of people diagnosed with malignant mesothelioma blame years of occupational exposure to asbestos-contaminated products for their illness. The late Warren Stouch pointed to the safety gloves he wore while working in the food industry, and before his death in July 2021, he filed suit against their manufacturer. Though Magid Glove and Safety Manufacturer attempted to have the case against them dismissed, Supreme Court Justice Justin Corcoran denied the company’s motion.
Food Service Worker’s Mesothelioma Lawsuit Delayed by Pandemic
Mr. Stouch filed his mesothelioma lawsuit against Magid Glove and Safety Manufacturer in February 2020. He blamed the kitchen gloves he wore and cleaned while working in the food industry at the Albany Sheraton Ten Eyck Hotel from1957 to 1959 and at St. Thomas of Villanova in Philadelphia from 1981 to 1989 and gave deposition testimony to that effect, noting that the gloves bore the company’s name. The trial was scheduled for March 2021 but was delayed due to the global pandemic. He died in July 2021 and the case was transferred to his estate representative.
In the intervening years, the mesothelioma victim’s estate and the glove manufacturer attempted to reach a settlement agreement but were unable to resolve their issues. Before the case could go to a jury, Magid filed a petition for summary judgment, arguing that Mr. Stouch had testified that the gloves he’d worn, and that he blamed for his illness, had been branded with the company’s name. Their motion pointed to a company representative’s affidavit that said that they’d distributed asbestos-containing gloves but that they had not made them. They did not bear their company’s name. The affidavit said that the only notation that associated the asbestos with Magid was on its shipping label.
Petition for Summary Judgment Fails to Disprove Mesothelioma Causation
In response to Magid’s argument, Justice Corcoran noted that they had failed to establish that their gloves could not have caused Mr. Couch’s mesothelioma. He pointed to the affidavit as having been based on the company representative’s review of unspecified documents outside of the motion record, and discussions with unnamed prior corporate representatives and said it lacked sufficient detail to satisfy the burden of proof required for summary judgment. The case against the company will proceed.
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 for more information.
