Despite asbestos being an acknowledged carcinogen, companies whose products contain the toxic material continue to fight lawsuits filed by mesothelioma victims and others they’ve injured. Their primary method of argument is to deny both that asbestos victims actually used their product, and that the asbestos in their products was the proximate cause of their illness. Fortunately, our legal system has rules that provide a level playing field for victims fighting against big-name corporations. One of the latest examples was seen in the New York City Asbestos Litigation court, where Justice Manuel J. Mendez ruled against Henry Company and in favor of a roofer’s widow.
Mesothelioma Linked to Decades of Asbestos Exposure
In January of 2017, Stephen Jackson was diagnosed with malignant pleural mesothelioma. One month later he and his wife Veronica filed a personal injury lawsuit against Henry Company, the manufacturer of asbestos-containing roofing cement, sealants and coatings that he worked during his nearly thirty-year career as a roofing mechanic.
Though Mr. Jackson died of mesothelioma in December of 2017, prior to his death he provided deposition testimony about his work, describing how he applied the products to roofs. He also detailed that he would scrape asbestos-containing products off of his tools, clothes and shoes after it had dried. All of these actions exposed him to the carcinogenic asbestos dust that he inhaled, and which led to his illness.
Asbestos Company’s Motion for Summary Judgment Denied
Though asbestos companies frequently try to use summary judgment to have the mesothelioma lawsuits against them dismissed, these motions frequently fail. As Justice Mendez explained in the Jackson case, “Summary judgment is a drastic remedy that should only be granted if there are no triable issues of fact.”
In Mr. Jackson’s case, there was a significant amount of evidence showing both that Mr. Jackson used the Henry products in the course of his work and that the products he used could have contained asbestos. Based on this, the case will proceed and Mrs. Jackson will be able to pursue justice.
Mesothelioma victims often feel helpless in the face of their disease, but resources are available to help. If you need help, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
