Mesothelioma victim Jon Widercrantz filed a personal injury lawsuit against multiple companies whose asbestos he blames for his illness, including asbestos tile manufacturer American Biltrite Inc. (ABI). The company filed a petition to have the case against it dismissed, asserting that asbestos released from its tiles would not have been distinguishable from ambient air exposure levels, but Justice Eric Schumacher of the Supreme Court of New York denied the company’s motion for summary judgment, finding that genuine issues of material fact exist regarding whether the company’s Amtico floor tiles caused the plaintiff’s disease.
Mesothelioma Victim Points to Years of Exposure to Dust from Asbestos Tiles
Mr. Widercrantz worked as a laborer from 1974 to the late 1980s, and says that his mesothelioma diagnosis resulted from exposure to asbestos-containing products. His claim against American Biltrite, Inc. references the company’s popular Amtico floor tiles, which were commonly used during that period. He says his exposure came from demolition, cutting, sanding, and sweeping dust from the tiles, noting that some tiles had “asbestos” written on the bottom.
Though ABI confirmed that certain floor tiles it had manufactured between 1961 and 1985 did contain asbestos, the company moved to dismiss the mesothelioma claim. To support its motion for summary judgment, it submitted expert testimony that relied on simulation studies examining incidental disturbance of asbestos within tightly bound floor tile matrices, saying that those studies proved that its floor tiles would not have released any more asbestos fibers than were normally found in the air.
Mesothelioma Victim’s Expert Counters Claims by Asbestos Company
In response to the asbestos company’s submitted evidence, the mesothelioma victim offered testimony from his own expert that contradicted the company’s experts’ conclusions about causation. Dr. Mark Ginsburg offered the results of studies showing elevated mesothelioma risk even at exposures under 0.1 fibers per cubic centimeter-years and noted that research had found asbestos exposure representing 3,900 times ambient exposure levels from scoring, snapping, and sanding floor tiles.
Dr. Ginsburg asserted that this intense level of exposure was enough to overcome the body’s defense mechanisms, to reach lung and pleural cells, and cause mesothelioma. Judge Schumacher compared this approach to expert testimony accepted in a prior case and noted that ABI’s experts had not included aggressive work practices like sanding in their analysis. He also pointed out that even the studies cited by the company’s experts had excluded floor tile research regarding more aggressive work practices. The judge ruled that Mr. Widercrantz’s testimony and expert reports together created “a scientific expression of plaintiff’s exposure level” that met the standard for establishing specific causation and allowed the case to move forward to trial.
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.