Asbestos from Flooring Blamed for Interior Designer’s Mesothelioma
Allison Linsky was just 58 years old when she was diagnosed with malignant mesothelioma. An interior designer and project manager who had spent years working on commercial design projects, she blamed her illness on exposure to asbestos contained within Mannington Mills’ vinyl tiles. Though the company attempted to have her personal injury lawsuit against them dismissed, a New York judge denied their motion and permitted the case to move forward.
Woman’s Mesothelioma Lawsuit Describes Years of Inhaling Dust from Asbestos Vinyl Flooring
In deposition testimony, the mesothelioma victim described having worked as an interior designer, draftperson and project manager for multiple employers between 1978 and 1985. She then moved on to her own design firm, where she worked through 2013. She said that throughout those years she worked with Mannington Mills’ vinyl asbestos sheet flooring, which had been produced until 1983 when the company stopped using asbestos as its flooring backing.
Ms. Linsky’s experts testified that her mesothelioma likely came from inhaling asbestos fibers that were released when Mannington’s vinyl asbestos flooring was removed, as well as when it was cut. She described being present when the floor was being scarred by installers in order to get an even surface, and when flooring pieces needed to be cut to fit a particular space.
Asbestos Company Denies Role in Woman’s Mesothelioma
Despite the evidence presented in Ms. Linsky’s deposition testimony and the testimony of her expert witnesses, Mannington Mills, Inc. filed a motion attempting to have the case against them dismissed. They argued that there was insufficient evidence to establish that her illness had been caused by their tiles.
In handing down his decision, Justice Manuel J. Mendez denied the company’s motion to dismiss the mesothelioma lawsuit. He pointed out that in order for summary judgment to be granted there needed to be an absence of material issues of fact. Because so many facts were in conflict he determined that the case needed to be moved forward for a jury to weigh the evidence.
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