Eighty-four-year-old Gerald Wagner traces his malignant mesothelioma to the years when he served in the U.S. Navy, and on the years following when he worked onboard a freighter. He filed a mesothelioma lawsuit in the New York Asbestos court against U.S. Steel Corporation after tracing his asbestos exposure back to the company. Though U.S. Steel argued against New York as a venue, the court agreed with the victim, allowing the case to be heard there.
Navy Vet with Mesothelioma Details Years of Asbestos Exposure
In his mesothelioma lawsuit, Mr. Wagner details the multiple exposures to asbestos that he attributes to U.S. Steel. He was exposed while working in the engine room of Navy ships, including the U.S. S. Kankakee while it sailed and after the ship’s decommissioning, from 1954 to 1955. From 1955 through 1957 he similarly served on the U.S.S. Alstede while it sailed and during the time it was docked in Staten Island for four months, and subsequent to that he worked onboard a U.S. Steel freighter, again working in the engine room.
In response to Mr. Wagner filing his mesothelioma lawsuit in the New York courts, U.S. Steel filed a motion to dismiss based upon forum non conveniens. According to the Legal Information Institute at Cornell Law School, “Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case. This dismissal does not prevent a plaintiff from re-filing his or her case in the more appropriate forum.”
New York Judge Denies U.S. Steel’s Bid to Dismiss Mesothelioma Lawsuit
In his review of U.S. Steel’s bid to dismiss Mr. Wagner’s mesothelioma lawsuit, Justice Adam Silvera of the New York Supreme Court noted the many reasons that he denied the company’s petition, including that a substantial nexus exists between Mr. Wagner’s claim and New York — “Mr. Wagner was exposed to asbestos in New York during several periods, including while working for U.S. Steel.”
The judge also pointed out that New York is not an inconvenient forum based on the location of the evidence in the mesothelioma case, and that the fact that Michigan was available as an alternative forum did not meet the company’s burden to change the legal venue.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help you identify the most effective way to pursue justice. Contact us today at 1-800-692-8608.
