When sixty-year-old Allison Linsky set out to be an interior designer, she had no idea that it would lead to her eventual diagnosis with malignant mesothelioma. But according to her lawsuit against American Biltrite, Inc., that is exactly what happened. Linsky was diagnosed with the rare and deadly form of cancer in April of 2016, and her lawsuit against Biltrite indicates that the company’s Amtico vinyl asbestos floor tiles were partially to blame. The company argued against this and filed a motion for summary judgment, but Judge Manuel J. Mendez of the Supreme Court of New York County denied their motion.
Tile Company Argues Against Liability
Linsky’s mesothelioma claim against Biltrite is based upon her exposure to second-hand asbestos dust during the years that she worked as a project manager, draftsperson and interior designer working on a variety of commercial projects. In three days of depositions, she indicated that her job responsibilities include frequently being onsite at construction projects to ensure that jobs were being completed as per the customers’ and architects’ specifications, and that this frequently meant that she was exposed to vinyl asbestos tiles that were being cut, scored, and snapped to fit, as well as existing vinyl asbestos tiles being removed. Her expert witnesses indicated that all of these activities would have generated more than enough lethal dust to have led to her pleural mesothelioma, while Biltrite’s experts argued that the type of asbestos contained in their products would not have caused her illness, and that the tile work would not have generated sufficient dust for her to have gotten sick.
Judge Determines Case Needs Jury Input
Upon hearing the conflicting testimony by expert witnesses for both Biltrite and for the mesothelioma victim, the judge indicated that summary judgment was not an appropriate course of action, and that the case would need to be decided by a jury.
Asbestos exposure causes malignant mesothelioma, and though this disease is frequently associated with industrial occupations like construction or manufacturing, anybody exposed to asbestos dust is at risk. If you or someone you love has been diagnosed with malignant mesothelioma and you need information about the resources available to you, call 1-800-692-8608 to speak to the Patient Advocates at Mesothelioma.net today for information.
