Mesothelioma Victim Files Lawsuit Against Clubman Talc
A mesothelioma lawsuit filed in New York’s Asbestos Litigation court accuses multiple companies of negligently exposing Corey Tippin to asbestos, leading to his diagnosis with the rare and fatal form of cancer. Among the named defendants is American International Industries, the manufacturer of Clubman Talc. The consumer products company has repeatedly been included among defendants in contaminated powder claims. Though the company was successful in having the victim’s claim for punitive damages dismissed, the talc manufacturer will still need to defend itself against negligence claims.
Talc Manufacturer Accused of Negligence in Mesothelioma Case
Mr. Tippin’s mesothelioma filing had originally requested the inclusion of punitive damages against Clubman Talc based on reports that the company was aware of the risk that their products carried. In response, American International Industries submitted testimony from a corporate representative asserting that the product had never contained asbestos and could not have been responsible for the victim’s fatal diagnosis.
The company also offered studies concluding that their employees had not demonstrated an increased risk of mesothelioma, and that their talc was of a higher grade and therefore would not have posed a risk.
Judge Allows Talc Mesothelioma Case to Move Forward
Justice Adam Silvera of the Supreme Court of New York County rejected the company’s argument against the possibility of its talc causing his illness. His decision on the motion for summary judgment allowed the rest of the case to proceed to a jury. However, the decision was not a total win for the mesothelioma victim.
On reviewing Mr. Tippin’s request for punitive damages, the judge disagreed with the mesothelioma victim’s assertion that the company knew or should have known of the risks posed by its product. He gave significant weight to the company’s submission of evidence of a safety department whose responsibilities included overseeing the safe handling of the toxic material. He also noted certifications that the company’s talc was free of asbestos that the company had pursued, and concluded that the victim’s arguments for penalizing the talc manufacturer were insufficient for punishment to be imposed. The next step for the case is for its evidence to be presented to a jury to decide whether negligence existed or not.
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