Asbestos Company Looks to 88-Year-Old’s Inability to Remember to Evade Justice
Summary judgment is a common request from those accused of liability for asbestos-related diseases like malignant mesothelioma and lung cancer. Asbestos companies point to perceived faults in the claims to argue that they should not be held liable. In a recent case, an 88-year-old lung cancer victim gave specific testimony about his work history, but the companies he accused of negligence argued that his failure to specify their names in his testimony warranted dismissal of his claims. The judge hearing the case denied their requests.
New York Lung Cancer Victim Points to Asbestos-Contaminated Workplace
In a recent case, 88-year-old lung cancer victim Josip L. Radovic filed a personal injury lawsuit against multiple companies whose asbestos-contaminated products he was exposed to when he worked at Rockefeller Center between 1970 and 1979. His claim included deposition testimony he had provided three years earlier when he was first diagnosed.
Though his testimony specified the jobs he had performed and the sites where he had worked around Rockefeller Center and referenced boxes of tiles marked as containing asbestos, his deposition did not specify the names of Union Carbide Corporation, Domco Product Texas, or Goodyear Tire & Rubber. In response, the companies argued that the cases against them should be dismissed.
Lung Cancer Victim’s Case to Continue Against Asbestos Company
Though Justice Adam Silvera of the Supreme Court of New York County agreed that Mr. Radovic had not specified their company names, he denied the asbestos companies’ request to have the asbestos lung cancer claim against them dismissed. He noted that the law did not require that he remember every particular, though it did require that for them to have been successful in their requests, they would have had to prove that their products were not present – which they did not. The case will move on for a jury to decide.
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