When accused of causing a plaintiff’s malignant mesothelioma, asbestos defendants have many options available to them. Some choose to settle their case out of court. Some attempt to prove the exposure impossible. In the case of the later Rudolf Horvath, defendant Ameron International Corporation chose to argue against inconsistencies in the testimony that the victim gave when he was in what the judge called “declining condition.”
Mesothelioma Victim Exposed to Asbestos in Cement Pipes
Before his illness and death, Mr. Horvath worked as a plumber in New York City. His deposition testimony detailed asbestos exposure to the company’s pipes that occurred between the 1960s and 1990s, including having said, “I think I did once for the City, contracted from the City, in, I think, the West Side area, a chemical plant where they took raw sewage and created — you know, make that drinkable and stuff like that.”
Ameron International based its petition for summary judgment on this assertion, arguing that the mesothelioma victim had mentioned exposure to asbestos in their pipes on the West Side of Manhattan during a time that conflicted with when their pipes no longer contained asbestos.
Judge Denies Asbestos Company’s Request for Dismissal from Mesothelioma Claim
In response to the defendant’s petition for summary judgment, Mr. Horvath’s family argued that the mesothelioma victim had previously provided unequivocal testimony about exposure before the date in question, and pointed out how badly his physical condition had deteriorated by the time he gave this later deposition.
The judge hearing the case, Justice Adam Silvera of the Supreme Court of New York, agreed with the mesothelioma victim’s family, noting that precedent required that the previous testimony carry weight, and also noting that summary judgment is only granted when it removes all questions to be determined. Since that was not the case, the lawsuit will continue for a jury to decide.
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
