Malignant mesothelioma and other forms of lung cancer have both been linked directly to asbestos. Exposure to the carcinogenic mineral has sickened and killed hundreds of thousands of people globally. In the United States, victims of negligent exposure to asbestos can seek compensation from those responsible. Earlier this month, a New York court told Robert Toth he could continue his quest for justice, despite requests to dismiss the case from asbestos companies.
Asbestos Companies Seek Dismissal from Lung Cancer Lawsuit
Robert Toth was diagnosed with asbestos-related lung cancer decades after his 30-year career with Con Edison. He had worked as a sheet metal worker at several of the company’s powerhouses and was exposed to products manufactured and sold by multiple companies, which he named in a personal injury lawsuit filed in 2020. In 2023 he was deposed and provided deposition testimony about his role at the powerhouses, the locations where he worked, and what categories of products he was exposed to.
Two of the asbestos companies defending against the victim’s claim filed motions for summary judgment requesting that the suit be dismissed because his depositions had not specified which of their products he had worked with. Mr. Toth’s attorneys argued that the 86-year-old’s testimony had been sufficient to withstand the defendants’ motions.
Judge Dismisses Petitions from Both Asbestos Companies in Lung Cancer Case
Justice Adam Silvera of the Supreme Court of New York County is presiding over Mr. Toth’s lung cancer lawsuit, and after reviewing the arguments from both asbestos companies and the victim, he denied the companies’ petition and allowed the case to move forward. He noted that while the 86-year-old had provided “clear and unequivocal” testimony about where and how he had been exposed to asbestos, neither company had offered any information to indicate that they could not possibly have caused his illness.
If you or someone you love has been diagnosed with malignant mesothelioma, asbestos-related lung cancer, or any other asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Call us today at 1-800-692-8608 to learn more.
