Gloria Maryn was diagnosed with malignant mesothelioma after years of laundering her son’s asbestos-covered work clothes. She filed a claim against Armstrong Pumps, accusing them of failing to warn of the danger posed by asbestos contained within the company’s products. The company filed a motion to have the case against them dismissed. In denying their petition, the judge pointed to the lack of personal knowledge possessed by the witness the company presented.
Woman’s Mesothelioma Blamed on Laundering Son’s Work Clothes
The mesothelioma victim has concluded that her illness is a direct result of having laundered her son’s work clothes. Her son Victor had spent over ten years working as a plumber’s apprentice, and part of his responsibility was removing asbestos-contaminated external insulation from Armstrong pumps. As she washed his clothes, Mrs. Maryn inhaled deadly asbestos fibers.
Armstrong filed a petition asking for the mesothelioma claim to be dismissed. They claimed that they had no duty to warn of the danger posed by parts manufactured and supplied by a third party. They also claimed that the parts that Victor had worked with were not necessary to the proper functioning of their equipment. To support their position, they presented an affidavit from Jeffrey Martin, a corporate representative who later participated in a deposition.
Judge Denies Company’s Attempt to Prevent Mesothelioma Trial
In handing down his decision, Justice Adam Silvera of the New York Supreme Court noted that the company had failed to establish that it hadn’t specified the use of asbestos within its pumps and that they had a duty to warn against latent dangers and the risk of diseases like mesothelioma. He paid special attention to the disparity between what Mr. Martin said in his affidavit and what he testified to in his deposition, noting that he had testified about a period of time for which he had not worked for the company and about pumps that were not the equipment that Mrs. Maryn’s son had worked with. The witness’ lack of personal knowledge was specifically called out as being insufficient to support the asbestos company’s motion and the case will proceed to a jury.
If you or someone you love has been diagnosed with malignant mesothelioma or any other asbestos-related disease, it is important that you have all of the resources you need. Contact the Patient Advocates at Mesothelioma.net at 1-800-692-8608 today to see how we can help.
