When a mesothelioma victim makes the decision to pursue legal action against the companies responsible for their exposure to asbestos, one of the first things they are told is that the asbestos companies will push back hard.
For many, this may come as a shock. After all, it has been well established that asbestos exposure causes mesothelioma and other serious illnesses. If a company produced asbestos-contaminated products, how could they possibly argue against their liability?
Though common sense supports the mesothelioma victims’ position, many of the companies that are named in mesothelioma lawsuits work hard to defend themselves, and their attorneys offer numerous arguments to try to shut down victims’ claims before they ever reach a jury.
In a recent case filed by Tatjana Pogacnik on behalf of her late husband, Leon, company Mannington Mills fought hard to avoid liability. Leon was an architect who worked in close proximity to Mannington Mills’ asbestos-contaminated sheet flooring on numerous projects between 1969 and 1983.
When he was diagnosed with mesothelioma, Leon made the connection between his illness and the dust he was exposed to on work projects.
Leon filed a claim against the company seeking compensation for his medical expenses and other damages. In response, Mannington Mills moved for a summary judgment, claiming Leon didn’t prove there was enough asbestos in their products, or that his exposure to asbestos was sufficient enough to cause his illness.
In making the decision about whether the mesothelioma lawsuit could move forward, Judge Lucy Billings of the Supreme Court of New York County concluded that Mannington Mills had failed to fulfill the most basic requirements to support a motion for summary judgment.
In order to have the case dismissed, the company would have had to show that there was no evidence supporting Mrs. Pogacnik’s case. Instead, the company tried to shift the burden of proof onto her, which is something not legally permitted when arguing for summary judgment.
As a result, the case will move forward and the plaintiff will have the opportunity to prove the company’s liability for her husband’s death.
Mesothelioma victims face many challenges, but they have the advantage of having numerous resources to support them.
If you or a loved one were diagnosed with this rare and fatal form of cancer, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608 to learn more about how we can help.
