When Mark Ricci was diagnosed with malignant mesothelioma, he filed suit against the manufacturers of the asbestos-contaminated boilers that his father, Aldo Ricci, had worked in proximity to. But in testifying on behalf of his son, the 90-year-old gave contradictory product identification testimony, leading boiler manufacturer Cleaver-Brooks to seek summary judgment. Despite the company’s arguments, the asbestos company’s request was denied.
Company Argues Against Standing Trial in Mesothelioma Lawsuit
The mesothelioma victim never worked with any asbestos-containing materials, and blamed his illness on bystander exposure to asbestos from dust that his father brought home on his clothes when he worked as a draftsman engineer and engineer. Aldo Ricci’s career spanned a period from 1952 through 1990, during which time he worked with many boilers containing asbestos.
One of the defendants, Cleaver-Brooks, Inc., filed a motion for summary judgment asking to be dismissed from the mesothelioma claim because of the elder Mr. Ricci’s testimony. Aldo was 90 when he testified, and could not remember certain facts. The company says that because there were several other defendants and that on direct examination he could not recall whether he came into personal contact with asbestos or with their equipment, there is no case against them. The company’s position was that they should be dismissed based on the lack of strength of the Ricci’s case.
Judge Considers Summary Judgment Rules in Mesothelioma Case
In considering the boiler manufacturer’s request for dismissal from the mesothelioma claim, the judge noted that summary judgment in the case required the defendant to demonstrate the absence of material facts in support of its role in the plaintiff’s illness, and that “the failure to recall or identify the name of a defendant is not necessarily fatal to a plaintiff’s claim.”
Moving beyond that reasoning, the court noted that in issues of fact regarding mesothelioma lawsuits, the credibility of a witness is to be determined by a jury. Based on this, the judge denied the boiler manufacturer’s request.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 for more information.
