In denying a motion for summary judgment from lawnmower manufacturer Briggs & Stratton, a New Jersey federal court is allowing a retired auto repair instructor’s mesothelioma lawsuit to proceed to trial. Though lawnmower manufacturer Briggs & Stratton claims that its gaskets never contained asbestos, the court determined that sufficient evidence exists for a reasonable jury to conclude that the victim’s regular exposure to Briggs’s asbestos-containing gaskets caused or contributed to his mesothelioma.
Mesothelioma Victim Worked on Briggs Lawnmower Engines Daily for Years
Rocco DiMaggio was diagnosed with pleural mesothelioma in December 2022 after a career that included teaching small-engine repair at Trenton Central High School in New Jersey from 1966 through the mid-1980s. According to testimony provided to the court, 90 to 99 percent of the lawnmower engines he worked on were manufactured by Briggs & Stratton. His daily work included removing and replacing gaskets by scraping them off and blowing away dust and residue with compressed air. An expert witness testified that this work regularly generated asbestos-containing dust that he inhaled without any dust control measures.
In support of his claim, Mr. DiMaggio testified that the gaskets he worked with had “Briggs & Stratton” written on them, and that he believed they contained asbestos based on the white and gray debris he observed during removal. Additionally, Briggs & Stratton’s corporate representative testified in prior depositions that certain Briggs gaskets contained asbestos until the mid-to-late 1980s. This directly contradicted the company’s affidavit filed in support of summary judgment, which asserted that the gaskets DiMaggio worked on contained no asbestos.
Daily Exposure Evidence Creates Genuine Issue for Mesothelioma Lawsuit
Viewing the evidence in the light most favorable to Mr. DiMaggio, U.S. District Judge Michael Shipp found that sufficient evidence exists for a reasonable jury to conclude that his regular exposure to Briggs’s asbestos-containing gaskets caused or contributed to his mesothelioma. The court noted that the competing statements between Briggs’s corporate representative—who denied the gaskets contained asbestos in an affidavit while previously acknowledging they did in deposition—raised credibility issues that a jury must resolve rather than a judge on summary judgment.
For DiMaggio and his family, the court’s ruling means his mesothelioma case will proceed to trial for a jury to decide whether Briggs & Stratton should be held accountable for exposing him to asbestos and causing his fatal illness.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
