Malignant mesothelioma lawsuits pit victims of asbestos exposure and their families against the companies that put them at risk. Though individual families may seem disadvantaged when battling billion-dollar companies, the recent case of a worker sickened by asbestos-contaminated joint compound shows that the rules of the justice system level the playing field, giving plaintiffs a fighting chance.
Man’s Mesothelioma Blamed on Asbestos in Joint Compound
Anastasios E. Katechis died of malignant mesothelioma eighteen months after being diagnosed with the rare, asbestos-related disease. His wife Agathi filed a personal injury claim against multiple companies whose toxic products he was exposed to while working as a painter for Mamais Construction between 1967 and 1971. Included among these defendants was Allied Building Products, Corp., who they accused of supplying contaminated joint compound.
In response to the mesothelioma claim, Allied filed a motion for summary judgment, submitting testimony that had been entered in a previously-heard case to support their assertion that they had “never sold, distributed, manufactured, or otherwise offered any joint compound at the time.”
Judge Cites Legal Precedent, as Well as Mesothelioma Victim’s Memories
In denying Allied’s bid to have the case against them dismissed, Adam Silvera, Justice of the Supreme Court of New York County, noted the mesothelioma victim’s memories of Allied “as one of just four suppliers of all the joint compound that was used at his many worksites,” and “the Allied name on the trucks as they delivered the joint compound to his worksites.”
He also agreed with the mesothelioma victim’s family that Allied could not use the previous testimony to support their assertion because it was not “competent evidence” under the rules of evidence. This was based on the testimony having been provided by an officer of the company who was “adversely interested when the deposition testimony was given.” The case will move on for a jury to decide.
If you or someone you love has been diagnosed with malignant mesothelioma or any other asbestos-related disease, the Patient Advocates at Mesothelioma.net can help you access the resources you need. Contact us today at 1-800-692-8608.
