When mesothelioma victims file claims against the companies they blame for exposing them to asbestos, those companies have a few choices for how to proceed. They can settle out of court, thus avoiding costly and time-consuming litigation and providing the victims with the compensation they need and deserve. They can choose to defend themselves in court. Or they can ask the court to dismiss the claim against them entirely, arguing that there is no basis for them having been named as a defendant. The last option is frequently attempted but only infrequently successful, as seen in the case described below.
Summary Judgment Petition Must Meet High Standards in Mesothelioma Claims
The case is being pursued by Barbara Yohe following the malignant mesothelioma death of her husband Christopher. Christopher had worked as a plumber between the 1980s and the early 2000s. Her claim names many defendants, including water heater manufacturer Bradford White. The company filed a motion for summary judgment, arguing that the parts that Mr. Yohe had testified to having worked with would not have contained asbestos.
In considering the company’s argument, Justice Adam Silvera of the Supreme Court of New York explained what is required for a motion for summary judgment to be granted in a mesothelioma claim. He noted that the state views dismissing such a case as a drastic step, and only appropriate when the defendant can establish that there are no material issues of fact to be decided. He also pointed out the significant weight that is placed on the victim’s testimony in these cases.
Judge Denies Water Heater Company’s Request to Have Mesothelioma Case Against Them Dismissed
Following this explanation, Justice Silvera denied Bradford White’s petition to have Mrs. Yone’s mesothelioma lawsuit against them dismissed. He noted that the victim had provided remarkable testimony regarding his exposure to Bradford White water heaters, as well as his training in distinguishing between the asbestos-containing parts that were contained in older water heaters and the non-asbestos containing parts used in newer models.
The judge also noted that the evidence proffered by Bradford White fell far short of the level of proof required to dismiss a mesothelioma claim, noting that the affidavit submitted was provided by an individual with no personal knowledge of the period during which Mr. Yohe would have been exposed to asbestos-contaminated parts. The case will move forward to be heard and decided by a jury.
If you or someone you love needs answers following a mesothelioma diagnosis, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.
