A mesothelioma lawsuit that’s making its way through the New York Asbestos Litigation courts is pitting the family of a deceased backhoe operator against the legal power of Consolidated Edison, and the victim’s family has won the first round.
Man Claims Mesothelioma Came from Asbestos at Con Ed’s Worksites
The mesothelioma lawsuit has been filed by the family of Joseph Mauro, Jr., who died of malignant pleural mesothelioma in April of 2018, less than six months after first being diagnosed. Before he died Mr. Mauro provided extensive deposition testimony regarding his work operating heavy duty equipment, and particularly the period from 1970 through 1976 when he was hired by a union employer, Michael J. Torpey, to perform backhoe work.
According to the mesothelioma victim, Torpey was hired by Con Edison to perform new outdoor installations that involved significant exposure to asbestos. He described digging two hundred foot trenches using a backhoe, then leaving the cab of his equipment to help laborers put asbestos-contaminated conduits into the bucket and install them. Afterward he would backfill the trench. He described carrying pieces of asbestos conduit, being present when it was cut into pieces, and the other sources of asbestos dust that he was exposed to both on the ground and in the cab.
Con Ed Denies Responsibility for Asbestos Exposure
At issue is the question of responsibility for the asbestos that sickened Mr. Mauro. While Con Ed maintains that the responsibility for his illness rests with his employer, Torpey, Mr. Mauro’s family is maintaining that Con Ed was always in control of the sites where its subcontractor worked, and was responsible for the safety of those present.
While Con Ed argued said Mauro’s family provided conflicting testimony about who supervised and controlled his work and filed a motion to have the case dismissed, the court agreed with the family that the argument was not to be determined by the Court, but needed to be addressed by a jury. Based upon that decision, the Mauro family will be able to continue to pursue their push for justice.
If you or someone you love was exposed to asbestos and diagnosed with malignant mesothelioma, there are many factors that need to be weighed in assessing who is responsible. For help with this and other questions, contact the Patient Advocates at Mesothelioma.net at 1-800-692-8608.