After John Beagan died of mesothelioma in 2019, his family filed a personal injury lawsuit in the New York state courts against multiple defendants. Two defendants argued that the New York claim should be dismissed for jurisdictional reasons, but the lower and appellate courts denied their arguments.
Mesothelioma Victim’s Asbestos Exposure Occurred in New York and in Florida
Mr. Beagan’s family blames his malignant mesothelioma on his occupational exposure to asbestos-contaminated parts that he encountered while visiting as an automotive consultant work areas of New York auto dealerships in the 1990s, as well as in dealerships in Florida between 1976 and 1986. Among the defendants named in their personal injury lawsuit were American Honda Motor Co., Inc. and Nissan North America.
In response to the lawsuit, in 2023, both companies filed motions for summary judgment, asking that the mesothelioma claim against them in the New York court system be dismissed. After that request was denied by Justice Adam Silvera of the Supreme Court of New York County, the companies appealed that decision to the state’s Appellate Division, First Department, which upheld Justice Silvera’s ruling.
Appeals Court Denies Mesothelioma Defendants’ Jurisdiction Argument
In reviewing the auto companies’ argument and the decision made by Justice Silvera, the appellate court judges rejected the idea that interstate federalism required that the mesothelioma claim be removed from the state courts. Though they acknowledged that New York’s interest in the claim might be “outweighed” by those of Florida because the exposure in Florida was earlier and lasted longer, they rejected the idea that defending a case in New York would be a burden on the companies, who “undisputably purposefully availed themselves of the privilege of conducting activities within New York.”
As a result, the case will continue to be heard in the state of New York, satisfying consideration of what was in the mesothelioma victim’s family’s convenience in seeking effective relief.
If you or someone you love has been diagnosed with malignant mesothelioma and you need information about getting justice, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
