New York City Contractor Ordered to Stand Trial in Mesothelioma Case
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.
Written by Terri Oppenheimer
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