In an ongoing lawsuit being heard in the Supreme Court of New York, mesothelioma widow Marie Bassi Ryder has filed a personal injury claim against multiple companies that she accuses of having exposed her late husband to asbestos. One of those companies, Arconic, Inc., filed a motion to have the claim against them dismissed, but the judge denied their petition and allowed the case to move forward for a jury to decide.
Mesothelioma Widow Points to Asbestos in Fireproofing Spray as Cause of Illness
In her claim against Arconic, Inc., Mrs. Ryder claims that her husband’s mesothelioma was caused by asbestos in the company’s fire-proofing spray that he was exposed to while working at the World Trade Center construction site. In response, the company asked for the claim against them to be dismissed, arguing that they’d stopped using asbestos-contaminated materials after 1970 and that Mr. Ryder’s work records indicate that they stopped before he started working there.
In response to the asbestos company’s petition to be dismissed from the mesothelioma claim, Mrs. Ryder’s attorneys noted that the company was relying on a memo regarding discontinuing the use of the product to prove their case, but that they had no proof that the switch had taken place, not that use of the asbestos-contaminated product hadn’t been resumed.
Judge Denies Asbestos Company’s Request for Dismissal from Mesothelioma Case
In his decision, Justice Adam Silvera noted that for a mesothelioma defendant to be successful in having a claim dismissed, they needed to “unequivocally establish that its product could not have contributed to the causation of the plaintiff’s injury.” The judge said that none of the arguments submitted by the defendant had disproved that Mr. Ryder was exposed to asbestos from their products during his employment.
Further, the judge noted that the mesothelioma widow’s attorney had offered “sufficient documentary evidence to raise a question of fact as to the extent of asbestos-containing material in use at the World Trade Center post-1970, its proximity to plaintiffs work, and whether the company had notice of, or created, the dangerous condition.” The case will move forward for a jury to determine the merits.
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.
