For purposes of this article, the victim in this case will be referred to as J.C.
In a recent asbestos case, the Supreme Court of New York City rejected arguments presented by a printing press manufacturer. In its decision, the Court said that a jury needs to decide the questions in the case. In other words, the Supreme Court of NYC allowed the case to move forward.
The victim, in this case, died of malignant mesothelioma. However, before J.C. passed away, he filed a personal injury lawsuit against a number of businesses that he blamed for his illness. One of the businesses that J.C. sued is a printing press manufacturer called Komori America Corporation. When he was undergoing chemotherapy treatment for his condition, J.C. provided deposition testimony about how he was exposed to asbestos. According to J.C., he suffered asbestos exposure because of Komori's printing presses during the time he worked at Martin Lithographers between 1980 to 1988.
The defendant argued against J.C.'s claim and denied liability for the claimant's mesothelioma. Komori America Corporation filed a petition to have the lawsuit dismissed. According to the defendant, the claimant erred when he claimed that he suffered asbestos exposure from 1980 to 1988. Komori argued that such a scenario was impossible because it was incorporated in 1982, meaning J.C. could not have been exposed to asbestos from the company's printing press in 1980 and 1981. The defendant presented an affidavit from a worker who confirmed that the company was incorporated in 1982. Additionally, Komori asserted that their printing presses were asbestos-free and noted that there weren't any records of the company having sold a printing press to Martin Lithographers.
After listening to Komori's arguments and the arguments from the plaintiff's side, the Supreme Court of New York rejected the defendant's arguments. The Court found that there were several weaknesses in the defendant's arguments. First, according to the Court, J.C. saying he suffered asbestos exposure between 1980 and 1988 instead of between 1982 and 1988 was not enough reason for dismissing the case. The court highlighted that the mesothelioma victim was suffering the effects of chemotherapy when he testified. Research shows that chemotherapy can cause difficulty with remembering things or thinking.
Second, according to the Court, the employee's testimony was insufficient to warrant the case being thrown out. The Court concluded that Komori failed to provide enough evidence to show their printing presses were asbestos-free. Additionally, the Court noted that the defendant failed to provide any information about the records disproving that it sold the printing press to Martin Lithographers. The defendant also did not consider the possibility that a third-party vendor may have sold the printing press to the plaintiff's employer. In the end, the Court allowed the case to proceed and ruled that a jury needs to decide the issues of fact in the case.
Arizona Mesothelioma Lawyers
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 so you and your family can live a more comfortable life.