From 1962 to 1987, mesothelioma victim Roy Barbarino was employed at the New York City Transit Authority, moving up from helper to an “A” level worker responsible for maintaining, installing, inspecting, testing, altering, and repairing vehicles. Over the years he was exposed to workers performing engine and brake repair, and after his death his wife filed suit against Honeywell International, blaming asbestos in their Bendix brakes for his fatal illness.
Brake Company Asks Court to Dismiss Mesothelioma Claim
In response to Mrs. Barbarino’s personal injury claim, Honeywell International filed a motion for summary judgment, asking that the mesothelioma lawsuit against them be dismissed. They asserted that she had failed to show that her husband’s bystander exposure to brake dust from their brakes was a substantial factor in his having developed the rare, asbestos-related disease.
In deposition testimony presented by the mesothelioma widow, two of Mr. Barbarino’s former co-workers had provided detailed testimony. One said that he had seen mechanics work on Bendix brakes alongside Mr. Barbarino and the other was a mechanic who testified that he had personally worked with Bendix brakes at the transit authority, although he acknowledged not having personally known the victim. Mr. Barbarino had also testified before his death to having breathed in dust while working near the engine and brake repair area.
Judge Rules in Favor of Mesothelioma Widow
Though the brake company claimed the widow had failed to meet the burden of proof required to connect their brake dust to her husband’s mesothelioma death, Justice Adam Silvera noted that the company had misinterpreted the standard needed for summary judgment. He wrote that the burden for summary judgment was not for the victim to prove her case, but for them to prove that their product could not have contributed to his injury. Because they failed to do that, their motion for summary judgment was denied and the case will move forward.
If you or someone you love was diagnosed with mesothelioma after exposure to asbestos, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.
