After he was diagnosed with asbestos-related lung cancer, Kenneth Nankevis filed suit against multiple companies whose contaminated products he had worked with during his career. His suit accused the companies of negligently exposing him to the carcinogenic material and causing his illness. Though air compressor company Campbell Hausfeld, LLC filed a petition to have the case against them dismissed, their request was denied and the case will move forward for a jury to decide.
Asbestos Company Points to Lung Cancer Victim’s Smoking As Cause of Lung Cancer
Mr. Nankevis spent years working as a roofer, and like many roofers who were later diagnosed with malignant mesothelioma, he says he was exposed to asbestos while working in close proximity to asbestos-contaminated gaskets in Campbell Hausfeld’s air compressors. He accuses the company of negligence in failing to warn him about the dangers of their products.
While the asbestos company argued that the blame for Mr. Nankevis’ illness should be placed on his history of smoking cigarettes, there is significant scientific evidence that malignant mesothelioma and lung cancer can be caused by exposure to asbestos and that cigarette smokers who are exposed to asbestos are at far greater risk for developing an asbestos-related disease.
Judge Rejects Asbestos Company’s Plea
When an asbestos company asks to be dismissed from a mesothelioma or asbestos-related lung cancer lawsuit, they must be able to show that there are no issues of fact to be decided. In this case, Campbell Hausfeld would have needed to prove that the gaskets in their air compressors did not contain asbestos or that Mr. Nankevis had never been exposed to them. The company’s attorneys did not do either, and therefore their petition for summary judgment was denied.
Writing on his decision, Justice Adam Silvera of the Supreme Court of New York County said, “As conflicting evidence has been presented herein with regards to defendant Campbell’s manufacturing of air compressors utilizing asbestos-containing parts during the period of Mr. Nakervis’ exposure, issues of fact exist to preclude summary judgment. Moreover, defendant Campbell wholly failed to meet its burden to establish that its products could not have been the cause for Mr. Nankervis’ illness.”
If you or someone you love has been diagnosed with malignant mesothelioma or asbestos-related lung cancer, the Patient Advocates at Mesothelioma.net are here to help. Call us today at 1-800-692-8608.
