David R. Kirby was diagnosed with malignant mesothelioma after working as a cook in pizza restaurants from the 1960s to the 1980s. He filed a personal injury lawsuit against both the Bakers Pride oven manufacturer and David Fabricators of New York, Inc., the company that supplied transite stone boards for use in Bakers Pride’s pizza ovens. While the victim agreed to a settlement with the oven manufacturer, his case against the stone board maker continues.
Asbestos Pizza Stone Manufacturer Argues Against Mesothelioma Liability
Before asbestos was linked to the development of mesothelioma and other serious and deadly diseases, it was regularly used in applications that required heat resistance and strength. While it is most frequently associated with military ships, construction, boiler work, insulation, and electrical components, it was used in hundreds of ways, including in commercial ovens. Bakeries and pizza shops required effective insulation and sealing of their ovens to keep high temperatures steady, and many pizza ovens used transite baking stones to deliver a uniformly baked, crispy pizza crust.
Many former pizza shop and bakery employees have been diagnosed with mesothelioma and other asbestos-related diseases and, like Mr. Kirby, have filed suit against the manufacturers responsible for exposing them to the carcinogenic material. Mr. Kirby’s original suit named Bakers Pride as a defendant, but after settling with that company out of court, he filed a new suit against David Fabricators. That company then moved to dismiss the claim against them because the matter had already been decided in the previous case, and that Bakers Pride was a necessary party to the case that could not be joined because of the previously-agreed-to settlement.
New York Supreme Court Rejects Dismissal of Mesothelioma Claim
In reviewing the case, the Supreme Court Appellate Division of the First Department of New York rejected the pizza stone maker’s request to be dismissed under the principle of res judicata from the mesothelioma claim because David Fabricators was never a party to the original lawsuit against Bakers Pride. They also denied the company’s indication that Bakers Pride is a necessary party to their case, as they say it is well settled that joint tortfeasors do not have to be parties to an action. The case against David Fabricators will continue.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
