In 2020, 79-year-old Francesco Carboni died of asbestos-related lung cancer. His widow Susan filed a personal injury lawsuit against multiple defendants whose asbestos-contaminated parts and materials she blamed for his illness and subsequent death. Among the defendants was Porsche Cars, North America. Though the auto manufacturer argued that they should be dismissed from the case, a judge of the Supreme Court of New York agreed with the widow that their argument against liability was insufficient to warrant summary judgment.
Asbestos Victim Spent Decades as Auto Mechanic
Asbestos causes deadly diseases, including malignant mesothelioma, asbestosis, and the asbestos-related lung cancer that claimed Mr. Carboni’s life. The toxic mineral was used in auto parts for decades, and the victim was a mechanic who initially learned auto repair on European vehicles in his native Italy, then continued to work on those same brands of cars after he emigrated to the United States in 1969.
In her asbestos lawsuit, Mrs. Carboni pointed to her husband’s 37 years working for Zumbach Sports Car, and prior to his death Mr. Carboni himself offered testimony that he had “personally performed brake, clutch, exhaust/muffler, generator, and starter-motor work on Porsche vehicles.” The couple blamed asbestos in Porsche’s vehicles for his illness.
Porsche Points to Date of Incorporation in the United States to Evade Justice
In response to the asbestos lawsuit, Porsche submitted affidavit testimony from their current Director, After Sales Product Quality and Support. Mr. Erich Metzler testified that the company had only incorporated in the United States in August of 1984, and that therefore they could not be held responsible for exposure prior to that. But he did not submit any supporting documentation of these dates, and the company’s argument ignored the fact that Mr. Carboni had indicated that his exposure to Porsche vehicles had ended in 1985.
In denying Porsche’s motion for summary judgment in the asbestos-related lung cancer lawsuit, Justice Adam Silvera noted the insufficiency of Porsche’s argument and the existence of issues of fact. The case will continue for a jury to hear.
If you or someone you love has been diagnosed with malignant mesothelioma or any other asbestos-related disease, the Patient Advocates at Mesothelioma.net can provide you with the support and resources that you need. For information, contact us today at 1-800-692-8608.
