Skip to content
Menu
Mesothelioma Lawyer CenterSponsored by Attorney Paul Danziger

Call to learn about getting your best possible financial compensation

800-793-4540
  • Legal Options
    • Pleural Mesothelioma Lawyer
    • Peritoneal Mesothelioma Lawyer
    • Mesothelioma Legal Advice
    • Mesothelioma Law Firms
    • Mesothelioma Claims
    • Mesothelioma Lawsuits
    • Class Action Mesothelioma Lawsuit
    • Mesothelioma Compensation
    • Asbestos Trust Funds
    • Mesothelioma Settlements
    • Mesothelioma Verdicts
    • Asbestos Lawyers
    • Mesothelioma Wrongful Death
    • Mesothelioma Personal Injury
    • Determining Case Value
    • Trust a Mesothelioma Commercial?
    • Mesothelioma Case Rejected?
    • Lawyers by State
    • Mesothelioma Lawyers in Canada
  • Mesothelioma
    • Mesothelioma Treatment Guide
      • Top Mesothelioma Doctors
      • Top Mesothelioma Cancer Centers
      • Surgery
      • Chemotherapy
      • Radiation Therapy
      • Multimodal Therapy
      • Alternative Treatments
      • Mesothelioma Treatment Costs
    • Mesothelioma Symptoms
    • Mesothelioma Diagnosis
      • Mesothelioma Prognosis
      • Mesothelioma Life Expectancy
      • Mesothelioma Remission
      • Mesothelioma Support
    • Mesothelioma Causes
    • Mesothelioma Types
      • Pleural Mesothelioma
      • Peritoneal Mesothelioma
      • Pericardial Mesothelioma
    • Mesothelioma Stages
      • Stage 1
      • Stage 2
      • Stage 3
      • Stage 4
    • Frequently Asked Questions
    • Mesothelioma Statistics
    • Mesothelioma and Talcum Powder
      • Talcum Powder Lawsuits
    • Mesothelioma and Women
    • Mesothelioma Misconceptions
    • Mental Health
  • Veterans
    • Veteran Claims
    • Navy
      • Ships and Asbestos
      • Shipyards and Asbestos
    • Air Force
    • Army
    • Coast Guard
    • Marines
    • Frequently Asked Questions
  • Asbestos
    • Asbestos Cancer
    • Asbestos Diseases
      • COPD
      • Interstitial Lung Disease
      • Lung Cancer
      • Pleural Effusion
    • Asbestosis
    • Asbestos Exposure
    • Asbestos Manufacturers
    • At Risk Jobs
    • Asbestos Industry Cover-ups
    • Asbestos Laws
  • Settlements We’ve Won
  • Who We Help
  • Reviews of Our Services
  • About Us
Home / Blog / Can A Forgotten Address Derail a Mesothelioma Lawsuit?

Can A Forgotten Address Derail a Mesothelioma Lawsuit?

Published on October 23, 2020
Paul DanzigerPage Reviewed and Edited by Mesothelioma Attorney Paul Danziger

Mesothelioma victims who pursue justice against asbestos companies face countless challenges. In addition to battling their disease, they’re expected to recall minute details from forty to fifty years earlier in support of their claims. This would be hard under the best of circumstances, but while confronting a terminal, painful disease it is particularly difficult. Such was the case for Albert Schwartz, a painter diagnosed with mesothelioma after years of working with asbestos-contaminated joint compound, caulk and window glazing purchased from Sherwin-Williams. The retailer attempted to have his claim against them removed because of a mistaken address, but the Supreme Court of the State of New York dismissed their motion for summary judgment, indicating that there was no requirement for him to remember the exact detail of their store’s location.

Confusion About Address Ruled Insufficient to Dismiss Mesothelioma Lawsuit

In deposition testimony provided for his mesothelioma lawsuit, Albert Schwartz said that he’d been exposed to asbestos in products he worked with while employed by Coleman Painting in Metuchen, New Jersey. Though he remembered frequently accompanying his boss to a Sherwin-Williams store to buy the asbestos-contaminated supplies, he was admittedly unclear as to the store’s exact location, and on that basis the company requested that his case be dismissed.

In its filing, Sherwin Williams argued that they were entitled to summary judgment because the mesothelioma victim lacked “competent, admissible evidence that Albert Schwartz worked with or around asbestos-containing products purchased from a Sherwin-Williams store.” They pointed to his reference to a store in Edison, New Jersey that had not opened until years later as proof that he could not have been exposed to products from their store.

Judge Denies Sherwin-Williams’ Motion to Dismiss Mesothelioma Lawsuit

In his ruling, Justice Manuel J. Mendez points to the mesothelioma victim’s clear indication that it was a Sherwin-Williams store where the products had been purchased, but also to his admission that he did not remember the store’s exact location. Justice Mendez wrote, “Mr. Schwartz need not definitively identify the “precise location” of the Sherwin-Williams store from which the products at issue were allegedly purchase. He need only “show facts and conditions from which defendant’s liability may be reasonably inferred.” The case was allowed to continue so that Mr. Schwartz could seek justice.

Free Financial Compensation Packet

    Financial Compensation Packet
  • Info on law firms that will recover your highest compensation
  • Learn how to get paid in 90 days
  • File for your share of $30 billion in trust funds
Send My Free Packet >

FREE Financial Compensation Packet

  • Info on law firms that will recover your highest compensation
  • Learn how to get paid in 90 days
  • File for your share of $30 billion in trust funds
Send My Free Packet >
Financial Compensation Packet
Calculate Your Case Value >
Paul Danziger

Page Reviewed and Edited by Mesothelioma Attorney Paul Danziger

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.

Full bio and contact info

Navigation
  • Home
  • Legal Options
  • Mesothelioma
  • Veterans
  • Asbestos
  • Settlements We’ve Won
  • Who We Help
  • Reviews of Our Services
  • About Us
  • Blog
Contact Information
Office Address:
1225 North Loop West Houston, Texas 77008

Handling mesothelioma cases nationwide

Call to learn about getting your best possible financial compensation

800-793-4540

Follow Us
MesotheliomaLawyerCenter.Org BBB Business Review
Sponsor: Paul Danziger, Attorney

The information provided by MesotheliomaLawyerCenter.org is not a substitute for professional medical advice, diagnosis, or treatment.

  • Disclaimer
  • Privacy Policy
  • Editorial Standards
  • Contact Us
©2023 | MesotheliomaLawyerCenter.org