When roofer Stephen Jackson was diagnosed with malignant mesothelioma in January of 2017, he immediately knew that his asbestos exposure came from his longtime work with asbestos-contaminated roofing materials. He filed a lawsuit against CertainTeed Corporation in February and died in December of that same year. Recently, CertainTeed attempted to have the case dismissed, asserting that they had stopped using asbestos in their products years earlier, but Judge Manuel J. Mendez of the New York Asbestos Litigation Court determined that the case should proceed.
Asbestos roofing company’s products blamed for mesothelioma death
According to testimony Mr. Jackson provide prior to his mesothelioma death, he had worked with CertainTeed roofing products throughout his roofing and construction career, in large part because he found its roof coating more to his liking. He testified that he believed that the company’s shingles exposed him to asbestos through the dust that was generate when they were cut, as well as from having ripped off existing shingles before installing new roofs.
Testimony submitted about use of older roofing products
Based on the years that Mr. Jackson described working, CertainTeed moved to have the case dismissed, claiming that during the years described the company’s products no longer contained asbestos. But part of Mr. Jackson’s testimony described years-long projects for which the products had been purchased earlier, as well as that almost 100 cans of old roof coating that had remained at one of his jobs were used for other jobs throughout the years. Based on this testimony, as well as the stringent requirements that need to be met for a case to be dismissed, the judge determined that the case should go to a jury, and Mr. Jackson’s family will be able to pursue justice for their lost loved one.
Asbestos has caused countless tragic losses for families like the Jacksons, whose loved ones have died of malignant mesothelioma, asbestosis, and other asbestos-related diseases. To learn more about the resources that are available to asbestos victims, contact the Patient Advocates at Mesothelioma.net at 1-800-692-8608.
