Skip to content
Mesothelioma.net
phone iconCall1-800-692-8608 chat icon Chat 24/7 Live Chat
Menu
  • Malignant Mesothelioma
    • About Mesothelioma
      • How to Survive Mesothelioma
      • 100 Questions & Answers about Mesothelioma (Free Book)
      • Symptoms
      • Diagnosis
      • Prognosis
      • Life Expectancy
    • Types
      • Pleural
      • Peritoneal
      • Epithelioid
      • Sarcomatoid
      • Biphasic
    • Stages
      • Stage 1
      • Stage 2
      • Stage 3
      • Stage 4
    • Additional Information
      • Causes
      • Asbestos and Its Dangers
      • Facts
      • Support
      • Financial Compensation
      • FREE Mesothelioma Packet
  • Treatment
    • Treatment Options
      • Surgery
      • Chemotherapy
      • Radiation Therapy
      • Multimodal Therapy
      • Medications
      • Palliative Treatment
    • Find Top Doctors
      • Doctors
      • Treatment Centers
      • Treatment & Doctors Near You
      • New Treatments
      • Care Providers
      • Clinical Trials
      • Costs
  • Asbestos Trusts
  • Compensation
  • Veteran Assistance
    • Mesothelioma and Veterans
      • VA Claims for Mesothelioma
      • Vietnam Veterans
    • Military Branches and Asbestos
      • Navy Veterans
      • Navy Ships
      • Marine Corps Veterans
      • Army Veterans
      • Air Force Veterans
      • U.S. Coast Guard
  • Surviving Mesothelioma
  • About Us / Contact

New York City Contractor Ordered to Stand Trial in Mesothelioma Case

Published on February 12, 2019

Mesothelioma victims have been very much in the news recently. This is in large part due to the attention being paid to claims against Johnson & Johnson’s Baby Powder and other big-name defendants. Though these companies are household names, they are not the only ones that have been responsible for innocent people being exposed to asbestos. Companies large and small have acted negligently, failing to provide either warning or protection against the dangers of the carcinogenic material, and all are subject to facing the justice system. A recent example in New York City demonstrates this, as a union laborer has been given the green light to pursue legal action against a general contractor whose crews worked at the same sites that he did.

Worker has Clear Memory of Asbestos-Filled Air

The case involves Franco Ombramonti, who was diagnosed with malignant mesothelioma after having worked as a Local 3 Mosaic and Terrazzo Worker Apprentice and Mechanic from May of 1971 through 1977 and as a Local 780 Cement Mason Journeyman from 1977 through the mid-1980s. According to Ombramonti’s filing, he has a clear memory of general contractor Morse Diesel being present at many of the jobsites he worked in New York City, and that the company’s laborers removed asbestos-contaminated materials carelessly, using a broom and shove to move it around and place it in a dumpster.

Judge Cites General Contractor’s Duty of Care

Though Morse Diesel filed for summary judgment, arguing that Ombramonti can’t prove that his mesothelioma was caused by them, Judge Manuel J. Mendez of the Supreme Court of New York County pointed out that general contractors have a common-law duty of care to provide construction site workers with a safe place to work, as well as that plaintiffs are not required to show the precise cause of their damages, but only to “show facts and conditions from which defendant’s liability may be reasonably inferred.” He ruled that Ombramonti had provided enough evidence of Morse Diesel’s potential liability to move forward.

Mesothelioma victims have many advocates and resources available to them, but it can be hard to find the ones you need. The Patient Advocates at Mesothelioma.net are here to help. Contact us at  1-800-692-8608 to learn more.

FREE Mesothelioma Packet

Written by Terri Oppenheimer

Terri Heimann Oppenheimer
Terri Heimann Oppenheimer is the head writer of our Mesothelioma.net news blog. She graduated from the College of William and Mary with a degree in English. Terri believes that knowledge is power and she is committed to sharing news about the impact of mesothelioma, the latest research and medical breakthroughs, and victims’ stories.

Learn more about and contact Terri
  • Malignant Mesothelioma
    • Treatment
    • Asbestos Trusts
  • Compensation
    • Veteran Assistance
    • Surviving Mesothelioma
  • FREE Mesothelioma Packet
    • Mesothelioma News
    • About Us / Contact
  • Privacy Policy
    • Disclaimer
    • Editorial Guidelines and Standards
This website is certified by Health On the Net Foundation. Click to verify. This site complies with the HONcode standard for trustworthy health information: verify here.
The information provided by Mesothelioma.net is not a substitute for professional medical advice, diagnosis or treatment.

Mesothelioma.net

5430 LBJ Freeway Suite 1200
Dallas, Texas 75240

Serving mesothelioma victims nationwide

1-800-692-8608

  • facebook
  • twitter
© 2022 Mesothelioma.net