Appeals Court Agrees with Judge in Mesothelioma Dispute
The road to a verdict in a mesothelioma lawsuit can be long, with lots of twists, turns, decisions, and appeals of decisions. When a judge decides in favor of a mesothelioma victim, there’s a good chance that the asbestos company that they’re suing is going to try to have the decision overturned by a higher court. In a recent case, a judge forgave confusion from a very sick victim, only to have the asbestos company assert that his decision was wrong. An appeals court rejected their argument.
Mesothelioma Victim’s Testimony Deteriorated as his Health Declined
The mesothelioma lawsuit was filed against cement pipe manufacturer Ameron International by Rudolf Horvath. When Mr. Horvath was deposed shortly after his diagnosis, he was still feeling strong. He provided highly specific, detailed answers to deposition questions about his experience with the company’s products that made clear how and when he was exposed.
At a much later date, Mr. Horvath was deposed again. His mesothelioma had taken its toll and his health had declined significantly. His answers were less certain, and there were disparities between what he said the first time and his testimony the second time. Based on this, the asbestos company asked Justice Adam Silvera to dismiss the case.
Trial Judge Denies Request to Dismiss Mesothelioma Claim, and Appeals Court Agrees
Noting the clarity of the victim’s original deposition testimony and his declining health during his second round, Justice Silvera denied Ameron International’s request to dismiss the mesothelioma claim. Despite the firmness of the judge’s decision, the company filed an appeal to New York’s First Department, arguing again that the case should be dismissed. They said that because the victim could not remember the exact locations of his work sites during the second deposition, there was insufficient proof for the case to proceed.
In its response to Ameron, the appeals court noted that they had not provided the evidence that would have justified dismissing the mesothelioma claim. The court reminded the defendant that they were required to show that Mr. Horvath’s mesothelioma could not have been caused by asbestos in their pipes and that instead, they had pointed to issues in his testimony. They confirmed Justice Silvera’s decision and the case will move forward.
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