Mesothelioma Claim Points to New York Power Company’s Negligence

When Alvin Smith died of malignant mesothelioma, the former electrician’s family filed claims against numerous defendants that they blamed for exposing him to asbestos. Though many years have gone by, those claims are continuing to be heard. Most recently, the Long Island Power Authority argued against having to defend themselves because they said they were immune from liability based on their status as a public authority. A New York judge agreed.

Power Company Attempts to Evade Responsibility for Mesothelioma

Mr. Smith’s mesothelioma was blamed on asbestos exposure through decades of working as an electrician. Though many of the individual claims have been resolved, others remain. In one outstanding claim, the Long Island Power Authority (LIPA) and Long Island Lighting Company asked for the case against them to be dismissed based on privileges and immunities that they have today, but the family argued that at the time that Mr. Smith had worked for them, they were private entities.

The specific argument that LIPA, a public authority, and its subsidiary LILCO made to the court was that the mesothelioma victim’s family had failed to submit their claim within the time special limitations required by New York state. The family responded that though the companies are currently public, that was not the case when their loved one had suffered asbestos exposure years earlier.

Judge Rejects Power Companies’ Arguments in Mesothelioma Case

Justice Adam Silvera has previously overseen the claims made by LILCO in their fight against the mesothelioma victim. The company had earlier tried – and failed — to be excused from the case by asserting that they had not been responsible for supervising Mr. Smith’s work. In his review of their more recent argument, the judge pointed out that the whole reason that LIPA had been formed was to amend the negligence demonstrated by LILCO at the time.

He also examined precedent regarding whether a statute of limitations should be applied retroactively to companies that became public authorities and found that the company’s argument was not supported. The family’s case can continue to a jury.