Edith Niedert never dreamed that the simple task of washing her husband’s work clothes would lead to being diagnosed with asbestos-related lung cancer. But 40 years of exposure to asbestos dust added up, and now she and her husband have filed suit against Goodyear Tire & Rubber Company, whose gaskets and gasket materials Mr. Niedert removed and installed in his job as a plumber and steamfitter. Though the company attempted to blame her illness on her years of smoking, a New York judge denied their motion to have the case against them dismissed.
Goodyear Argues that Asbestos Exposure Was Insignificant to Woman’s Cancer
Despite irrefutable evidence that exposure to asbestos causes lung cancer, malignant mesothelioma, and other debilitating and terminal diseases, Goodyear Tire & Rubber filed a motion for summary judgment asking that the Niedert’s case against them be dismissed. They argued that the exposure Mrs. Niedert would have had from handling Mr. Niedert’s asbestos-covered clothing was so insignificant that it did not contribute to or cause her lung cancer.
In asserting that Mrs. Niedert’s lung cancer was a result of her smoking history, Goodyear ignored a basic requirement needed to dismiss mesothelioma and other asbestos-related lung cancer cases: they failed to meet their burden of proving that their asbestos-contaminated gaskets and gasket containing materials could not have resulted in her illness, and as a result, Justice Adam Silvera denied their petition to have the case dismissed.
Goodyear’s Argument Fails to Consider Full Exposure to Asbestos
Many mesothelioma and asbestos-related lung cancer victims have smoking histories, but this does not negate the role that asbestos companies have played in their illness. Companies frequently attempt to evade liability for their negligence in failing to warn of the dangers of asbestos, but this strategy fails.
Justice Silvera pointed out that “the mere fact that other persons share some responsibility for plaintiffs harm does not absolve defendant from liability because there may be more than one proximate cause of injury,” and “therefore, Plaintiff’s smoking history does not negate that asbestos is an ultra-carcinogenic substance that is capable of causing mesothelioma.”
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, it is important to have knowledgeable people working on your behalf. To learn how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
