New York Judge Calls Asbestos Company’s Evidence in Mesothelioma Suit Hearsay
The manufacturer of a popular brand of boilers was recently accused of negligence and legal responsibility for a New York man’s mesothelioma death. Superior Boiler Works, Inc. defended itself bybut evidence submitted at court showed that the documents they produced had been created for the sole purpose of defending against asbestos litigation and that they had presented contradictory testimony in previously heard lawsuits.
Years of Boiler Work Led to Mesothelioma
The case revolved around Solomon Serrano, who died of mesothelioma in 2017. Before his death he spent several days providing testimony about his asbestos exposure. He recalled having worked in apartment buildings throughout the South Bronx while in high school and then working after graduation for Royal Boiler as a boiler technician. He specifically recalled working with SBW boilers and the asbestos dust that came from the top of the boilers and the flue passages. He filed suit against the company, and after his death his widow continued the case. SBW filed a motion for summary judgment, arguing that they had never supplied boilers to the area where Serrano had worked and that their products did not contain asbestos.
Boiler Company’s Evidence Created for Asbestos Litigation
In support of their motion to have the case dismissed, the boiler company submitted an affidavit of its corporate representative, who had been the company’s data processing manager from 1973 through 1994 and then the general manager until 1999. Though the company claimed that the databases were proof of their innocence, Mr. Serrano’s attorney showed four deposition transcripts Mr. Helfrich had provided in previous asbestos litigation that specifically contradicted the documents that he had prepared.
In consideration of the evidence presented, the judge in the case agreed that the information contained in the affidavit had been created by the company’s attorneys, thus rendering them hearsay. As a result of the conflicting testimony the judge decided that the case should move forward for a jury’s consideration.
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