DAP Caulk and Plaster Blamed for Mesothelioma Death
DAP caulk is a familiar sight to nearly anybody who has done home repair or worked in construction, but few modern users are aware that the product has been named in multiple mesothelioma lawsuits. The product once contained asbestos, and people who worked with it regularly breathed in the dust created when the product had dried and was sanded. Jose Munoz was one such victim. His family’s personal injury claim is making its way through the New York asbestos litigation system.
Asbestos Company Seeks Dismissal of Mesothelioma Claims
According to the claim filed in a New York court, Mr. Munoz filed his mesothelioma lawsuit against DAP Inc. and other companies that he accused of having caused his mesothelioma by negligently exposing him to asbestos and not warning him of their products’ dangers. He cited asbestos in both the company’s caulk products and its plaster products. DAP responded to this claim y filing a motion for summary judgment seeking dismissal of the legal action.
DAP’s request to have the mesothelioma case dismissed was based on their assertion that Mr. Munoz’s claim was “speculative.” They argued that not all DAP caulks historically contained asbestos and that no DAP plaster product had ever contained the carcinogen. They also said that his claim for causation of his illness was insufficient.
Judge Denies Asbestos Company’s Motion to Dismiss Mesothelioma Lawsuit
In reviewing the claims from both Mr. Munoz’s survivors and the company, Justice of the Supreme Court of New York County Adam Silvera noted the evidence that both had provided in support of their arguments, as well as the strict standards that needed to be met for summary judgment to be granted. He then pointed out that DAP’s arguments had relied heavily on an affidavit from a former employee who lacked the requisite personal knowledge to establish that no DAP products containing asbestos had been in circulation and used by Mr. Munoz.
Combining this lapse, and the fact that the company had confirmed that some of its products had contained asbestos, with the testimony provided by the mesothelioma victim was all that was needed to eliminate the viability of the company’s motion for summary judgment. The case will continue for a jury to hear.
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