It’s been more than four years since Michelle Togher and Peter Vincent filed a mesothelioma lawsuit against the many companies they blamed for their father’s illness. Charles Vincent had been exposed to multiple asbestos-contaminated products through the course of his life, and his family’s claim sought compensation from those responsible. Though one of the named defendants, SPX Cooling Technologies, filed a motion to have the case against them dismissed, a New York court denied their request, noting that they had misstated the law involved in their motion.
Defendant Fails to Meet Burden to Have Mesothelioma Case Dismissed
When a company seeks dismissal from a mesothelioma lawsuit, they have to be able to unequivocally prove that there is no conflict in evidence. This means that they must present evidence to support their argument and that failing to do so automatically defeats their motion for summary judgment. Further, because the law requires that all reasonable inferences should be placed in favor of the victim, their credibility should not be questioned before the case reaches a jury.
In filing its motion for summary judgment of the mesothelioma claim, SPX Cooling not only failed to provide this required evidence but also misstated the law itself, offering a precedent that only applies to decisions that have already been made by a jury rather than the pre-trial situation that currently exists. They argued that the victim’s family had failed to prove causation when the only requirement pre-trial was that they show that there is a triable issue of fact.
Mesothelioma Victim Provided Sufficient Evidence of Triable Issue of Fact
By contrast, Mr. Vincent had provided what Justice Adam Silvera of the Supreme Court of New York referred to as “clear and unequivocal testimony regarding exposure history to [the defendant’s] products and proffers three expert reports regarding plaintiff-decedent’s quantification of asbestos exposure, causation analysis, and pathology and medical history respectively.”
Based on the sufficiency of the mesothelioma victim’s testimony and the mistakes made by the defendant, the case will move on for a jury to decide.
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 for more information.
