Asbestos Company Maligns Mesothelioma Victim’s Testimony

Malignant mesothelioma is a cruel disease. Caused by exposure to asbestos, it doesn’t reveal itself until decades later: many victims are elderly when they’re first diagnosed, and the aggressive form of cancer debilitates them rapidly. Despite this, they use their last days to pursue justice against those responsible for their exposure. When one victim did so, the asbestos company used some contradictions in the man’s testimony to seek dismissal of his case, but the New York judge rejected that attempt.

elderly man

Dismissal of Mesothelioma Claim Sought by Asbestos Pipe Company

The mesothelioma claim was filed by Rudolf Horvath, a former New York City plumber who’d spent years working with pipes made by Ameron International Corporation.  He blamed asbestos in those pipes, but Ameron argued that there was no proof of his exposure or that their pipes had caused his illness, and pointed to inconsistencies in the victim’s testimony to support their request for the case against them to be dismissed.

The company based its request for summary judgment on the mesothelioma victim having testified about exposure to their pipes in the West Side of New York. His specific words were, “I think I did once for the City, contracted from the City, in, I think, the West Side area, a chemical plant where they took raw sewage and created — you know, make that drinkable and stuff like that.” The company argued that at the time that he had been referring to, between the 1960s and the 1990s, their pipes no longer contained asbestos.

Judge Points to Mesothelioma Victim’s “Declining Condition”

In denying the company’s request, Justice Adam Silvera of the Supreme Court of New York noted and agreed with the mesothelioma victim’s survivors’ assertion that his previous testimony about exposure had been unequivocal and that at the time of the deposition in question, he had been in a “declining condition.” He said that the previous testimony carried enough weight to counter the company’s arguments and that the case should go to trial for a jury to decide the facts.

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Paul Danziger

Paul Danziger

Writer

Paul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.

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