Asbestos-contaminated Auto Parts Blamed for Man’s Mesothelioma Death
A New York appellate court upheld a trial court judge’s decision regarding the jurisdiction for a lawsuit filed by the survivors of an automotive consultant who died of mesothelioma. John Beagan’s family had requested that the case be heard in New York, while the auto companies named as defendants wanted it to be heard in the state of Florida.
Court Settles Question of Jurisdiction Over Mesothelioma Lawsuit
The case filed by Mr. Beagans’ family was filed in New York because he had been exposed to asbestos-containing auto parts when visiting New York auto dealerships in the 1990s. Because he had also done the same work in Florida between 1976 and 1986, defendants American Honda Motor Company and Nissan North America petitioned to have the claim dismissed because they asserted it was a federal case that should not have been filed in New York.
Upon review of the car company’s motion, Justice Adam Silvera of the Supreme Court of New York County allowed the mesothelioma claim to remain in the New York court system and denied the request for summary judgment. The companies then appealed the case to the state’s Appellate Division, First Department.
Appellate Court Upholds Lower Court’s Decision in Mesothelioma Claim
Though they acknowledged the auto companies’ assertion that the mesothelioma victim’s exposure in Florida was earlier and lasted longer, the appellate court dismissed the defendant’s argument that the case be moved to federal courts. Their decision was based on what they called the undisputable fact that the companies had taken advantage of the privilege of selling their products in New York.
Following that decision, the case was permitted to be heard in New York’s state court system, as per the request of the family.
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