Citing Lung Cancer Victim’s Extensive Testimony, Judge Denies Motion to Dismiss Lawsuit
Christopher Yohe was diagnosed with asbestos-related lung cancer at the age of 64. He and his wife filed personal injury lawsuits against many of the companies whose asbestos-contaminated products he was exposed to during his years working as a plumber. Though water heater manufacturer Bradford White asked the court to dismiss them from the suit, Justice Adam Silvera of the Supreme Court of New York denied their motion for summary judgment.
Facing Lung Cancer Liability, Company Files Motion to Dismiss
Though Mr. Yohe died of his asbestos-related lung cancer, his widow, Barbara, continued her claim against the companies she held responsible for her loss. In response to being named in the suit, Bradford White filed a motion for summary judgment that argued there was no basis for them having been named as a defendant. To support their assertion, they submitted an affidavit from an individual who later admitted that he had no firsthand knowledge of or familiarity with the company’s historical water heater products.
In responding to the company’s request, Justice Adam Silvera noted that in cases regarding malignant mesothelioma and asbestos-related lung cancer, a great deal of weight is given to the testimony of the plaintiff and that, in Mr. Yohe’s case, he had clearly identified Bradford White water heaters as those he had worked with. The judge also said that Mr. Yohe had given “unequivocal testimony” on the differences between asbestos-containing parts in older water heaters and non-asbestos-containing parts in newer models based on his training.
Judge Rejects Water Heater Company’s Argument Against Asbestos Liability
Pointing out the insufficiency of the water heater company’s witness testimony, as well as their lack of documentary evidence to support their assertion that their water heaters did not contain asbestos, Justice Silvera wrote that “a reasonable juror could decide that the plaintiff was exposed to asbestos from a Bradford White-manufactured water heater or part,” and that therefore issues of fact exist to preclude summary judgment. Mrs. Yohe’s case against Bradford White will move forward to trial.
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