Last October, Justice Adam Silvera of the Supreme Court of New York ruled against Ameron International’s request for dismissal of the case filed against it by mesothelioma victim Rudolf Horvath. Unhappy with his decision, the company appealed it to the First Department, which rejected the company’s argument and affirmed the decision to allow the victim’s claim to move forward for a jury to decide.
Company Bases Request for Dismissal on Dying Mesothelioma Victim’s Confusion
Mr. Horvath filed his original claim against cement pipe manufacturer Ameron International when he was first diagnosed with mesothelioma. In deposition testimony, he provided clear details about his workplace exposure to asbestos-contaminated pipes, but by the time he provided a later deposition and was asked about their location, he was in declining health.
Because Mr. Horvath was so weakened by his mesothelioma, his answers to questions were uncertain and unclear. Though Ameron’s attorneys based their motion to dismiss on disparities between his testimony and where their projects were located, Justice Silvera denied their request because of his previous, detailed testimony. The company appealed this decision.
Appellate Court Affirms Previous Decision in Mesothelioma Victim’s Claim
On its review of the lower court’s decision regarding the mesothelioma claim, the First Department ruled that the trial court had correctly denied Ameron’s motion. They wrote that the cement pipe company had failed to show that Mr. Horvath could not have been exposed to their asbestos-contaminated pipe and that they had only shown that their other plant was under construction.
The appellate judges also noted that there were multiple delays and that contracts for materials for the new plant had been placed before 1985. Writing, “Even assuming Horvath worked at the North River plant, Ameron failed to show as a matter of law that Horvath could not have encountered its asbestos-containing pipe. The evidence submitted by Ameron shows that the plant was under construction for an extended period of time with multiple delays, and that contracts for materials had been entered into prior to 1985.” As a result, they affirmed Justice Silvera’s original ruling.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
