Eric Cislo blames his malignant mesothelioma on asbestos carried home on his father’s clothing when he was a child. But when he filed a personal injury lawsuit against the company that manufactured and sold the asbestos-contaminated equipment his father worked with, the company asked to have his claim dismissed, arguing that a series of acquisitions, mergers, name changes and sales had cleared it of liability. A New York court denied their petition, finding that there are genuine issues of fact that need to be determined by a jury.
Asbestos in Boilers Blamed for Malignant Mesothelioma Diagnosis
The mesothelioma lawsuit was filed by Eric Cislo and his wife Kimberly against ADSCO Manufacturing Corporation. Mr. Cislo’s claim asserts that between 1969 and the early 1980s, his father worked as a plumber for the West Seneca School District in Western New York. He worked with asbestos-contaminated Bison boilers, and the asbestos from those boilers was carried home on his work clothes.
The asbestos-contaminated boilers that are blamed for Mr. Cislo’s mesothelioma were manufactured, sold, and installed by Farrar and Trefts, Inc. before 1969. That company and the Bison trademark, naming rights, and goodwill became ASCO Manufacturing Corporation in 1973. More purchases and name changes followed until the company finally became ADSCO Manufacturing, LLC in 2019. That company requested a dismissal of Mr. Cislo’s complaint, arguing that it did not acquire tort or product liabilities when they acquired the company.
Court Rules That Question of Mesothelioma Liability Needs to Be Decided by A Jury
In reviewing the arguments from both sides in the mesothelioma claim, the Supreme Court of the State of New York in Erie County found that there is a real question as to whether an exception to successor liability applies to this case, and that the decision needs to be made by a jury.
The court made note of several issues that prevented them from granting the company’s motion to dismiss the case, including the fact that the company’s website specifically states that the company was founded in 1877, and is “the same company operating today.”
Mesothelioma claims are often complicated, but the Patient Advocates at Mesothelioma.net can help clear up confusion. Call us today at 1-800-692-8608.
