Port Authority of New York Named in Man’s Mesothelioma Lawsuit
Bernd Hildebrand died less than two months after being diagnosed with malignant pleural mesothelioma, leaving him without time to testify in his own behalf in a personal injury lawsuit against the Port Authority of New York. But coworkers and other witnesses came forward to support his claims, and the judge hearing the case agreed that the case should move forward to a jury.
Mesothelioma Victim Worked for Pan Am at JFK Airport
Despite his severe illness, Mr. Hildebrand was quickly able to remember the asbestos exposure that led to his malignant mesothelioma. He had worked as an employee of Pan American Airlines at the Pan Am Unit Terminal Building at JFK Airport in New York, and when the terminal had undergone renovations the asbestos was stored and used throughout the structure.
The Port Authority of New York was named in Mr. Hildebrand’s family’s mesothelioma lawsuit because they were the owner of the Pan Am terminal and controlled the work that was being done within. The Port Authority filed a motion to have the case dismissed, defending itself by saying that the use of asbestos-containing materials was not their decision and that they had no authority to “control the activity bringing about the injury.”
Judge Denies Motion to Dismiss Mesothelioma Lawsuit
Though the Port Authority of New York claimed that they had no role in Mr. Hildebrand’s mesothelioma, evidence submitted in court showed that the lease agreement between them and Pan Am specified that Pan Am needed to obtain Port Authority’s advance approval for all specifications for any work done on site. The terms of the lease even gave the Port Authority the right to conduct testing on samples of materials.
Based on this evidence and testimony by coworkers as to the extent of asbestos that was present throughout the terminal during the years that the mesothelioma victim had worked there, the judge determined that there was sufficient issues of fact for the negligence case to move forward to be heard by a jury.
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