After Jim Lee died of malignant mesothelioma, Raymond Lee stepped in as administrator of his estate to seek justice from the companies that exposed the man to asbestos. Though one of the named defendants, Crosby Valve, LLC, argued that they should not have to stand trial because they didn’t manufacture or sell asbestos parts and that they had no duty to warn about other company’s asbestos parts, the plaintiff successfully pointed to New York legal precedent, as well as the company’s own actions, to defeat its motion to have the case dismissed.
Question of Duty to Warn Raised in Mesothelioma Lawsuit
Malignant mesothelioma is caused by exposure to asbestos, and many victims file suit against the companies that made and sold asbestos-containing products, arguing that they had a duty to warn of the dangers they posed. In Mr. Lee’s case against Crosby Valve, the company claimed they had no duty to warn because their valves did not contain asbestos.
The mesothelioma victim’s representatives pushed back against this argument, noting that under New York law, “The manufacturer of a product has a duty to warn of the danger arising from the known and reasonably foreseeable use of its product in combination with a third-party product which, as a matter of design, mechanics, or economic necessity, is necessary to enable the manufacturer’s product to function as intended.” The court heard Mr. Lee’s deposition testimony that he had removed asbestos insulation and flange gaskets attached to Crosby’s valves, as well as from a Crosby corporate representative who said that asbestos products were commonly used with its valves.
Judge Denies Asbestos Company’s Petition in Mesothelioma Claim
In his decision, Justice Adam Silvera of the Supreme Court of New York County noted that Mr. Lee had presented evidence that Crosby was so involved with asbestos-containing products that they sometimes shipped asbestos gaskets with their valves. This alone was enough to allow the case to move forward.
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can provide you with guidance on your options going forward, Contact us today at 1-800-692-8608 to learn more.
