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New York City judge allows take-home mesothelioma lawsuit to proceed against Fel-Pro gaskets

Posted by Michael Throneberry | Mar 13, 2021 | 0 Comments

A New York City judge recently denied a defendant asbestos company's request to have a take-home mesothelioma cancer lawsuit thrown out of court, finding that the arguments brought by the defendant's lawyers on its behalf were insufficient to have the matter tossed out. As a result, the plaintiff and victim in the case have cleared a major legal obstacle to having the case heard by a jury and perhaps awarded compensation for the harm suffered as a result of asbestos exposure caused by the defendant.

According to the take-home mesothelioma cancer lawsuit, filed in New York City Supreme Court, the plaintiff developed mesothelioma cancer from exposure to asbestos fibers brought home by her husband on his work clothes while he was employed as a dredgeman and tugboat engineer from the early 1960s until 1987. Specifically, the plaintiff alleged that she and her husband were exposed to asbestos fibers from engine gaskets produced by defendant company Fel-Pro.

To support her claim, the plaintiff produced testimony from a witness who worked with the victim's husband who stated that the deceased worked with Fel-Pro gaskets and that cutting and replacing the old worn out gaskets would create dust that they would breath in and adhere to their work clothes. The plaintiff claimed that it was this asbestos dust from the Fel-Pro gaskets which she was exposed to when laundering her husband's work clothes, ultimately leading to her mesothelioma cancer diagnosis .

In an attempt to skirt liability for the harm they caused the plaintiff, the defendant claimed that the victim failed to establish that her husband even worked with the Fel-Pro gaskets and that even if he had the amount of asbestos she would have been exposed to would not have been enough to induce her medical condition. The defendant further claimed that expert witnesses for the plaintiff could not offer a means of calculating the estimated amount of asbestos from Fel-Pro gaskets that the victim inhaled.

Fortunately for the plaintiff, the judge hearing the case disagreed with the defendant's argument that the victim failed to meet the burden of proof required by law to show that her injuries could be proximately caused by the defendant's products, and allowed the case to proceed. The court noted that “defendant has provided no evidence that their product did not create visible asbestos dust, which could have gotten onto [plaintiff's husband's] clothing and been inhaled by plaintiff at home for a span of over two decades.” The case is another example of the lengths many defendants will go to deny, delay, and defend otherwise meritorious claims brought by victims and surviving family members.

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If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.

About the Author

Michael Throneberry

Attorney Michael Throneberry graduated from Purdue University with a Civil Engineering degree. He then served with the United States Army...

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