The vast majority of those diagnosed with malignant pleural mesothelioma and asbestos-related lung cancer were exposed to the carcinogenic material in their workplace. Because workers’ compensation rules prevent these victims from suing their employer, they often seek justice from others who negligently exposed them. In a recent case, an asbestos defendant unsuccessfully attempted to say that a victim had been their employee.
Construction Company Argues Against Lung Cancer Liability
Like so many victims of mesothelioma and asbestos-related lung cancer, Matthew D’Alessio was diagnosed with lung cancer nearly six decades after having worked in construction. In deposition testimony provided after his diagnosis, he clearly recalled the asbestos-contaminated job sites where he worked in New York. Still, he mistakenly said that when he’d worked near the Brooklyn Law School, his employer had been Morse Diesel, one of the defendants named in his personal injury claim. The company immediately filed a motion for the case against them to be dismissed, arguing that he was limited to filing a workers’ compensation claim against them.
In response, Mr. D’Alessio’s attorney searched the lung cancer victim’s employment records, including those in the Social Security Administration’s database. Finding no documentation of him ever having worked for the company, the attorney argued against summary judgment, saying that the elderly, ill man had been mistaken and had instead been contracted by another entity.
Lung Cancer Victim’s Employment Records Disprove Asbestos Company’s Claim
In his review of arguments from both sides, Justice Adam Silvera of the Supreme Court of New York County denied Morse Diesel’s petition. He noted that there was significant precedent allowing for the types of mistakes that Mr. D’Alessio had made, particularly in light of Morse Diesel not providing the type of evidence required for dismissal. He noted that the company had neither provided employment records of Mr. D’Alessio having been their employee, not disproving their assertion that they had been responsible for asbestos in his work environment. The case will proceed to a jury.
If you or someone you love has been diagnosed with malignant pleural mesothelioma, asbestos-related lung cancer, or any other asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.
