Mesothelioma Victim’s Family Able to Continue Claim Against DAP
For years, DAP, Inc.’s caulking and glazing products were made using asbestos, the mineral that is today known to cause malignant mesothelioma and other serious illnesses. The company has been named as a defendant by many people who’ve suffered harm from exposure to their products, including a recent claim filed by the family of Anna M. Buczynski, who died of the rare asbestos-related disease after years of secondary exposure to the product.
Secondary Exposure to Asbestos in DAP Products Blamed for Woman’s Mesothelioma
According to her estate’s wrongful death claim, Mrs. Buczynski’s mesothelioma is a result of years of exposure to the product on the work clothing worn by her then-husband. Her spouse had owned a hardware business and also used DAP’s products around their home, and she laundered his dust-covered work clothes regularly.
In response to the mesothelioma lawsuit, DAP Products’ attorneys filed a motion for summary judgment, asserting that there was no proof that it was their products that had exposed the woman to asbestos, but Mrs. Buczynski’s family pointed out that the company had failed to meet the requirement for having their case dismissed: They did not establish that their caulk and glazing products did not contain asbestos or, for any other reason, could not have caused her illness.
DAP’s Argument Against Mesothelioma Liability Denied
Though the caulk manufacturer proffered testimony from an ex-employee who said asbestos was no longer used in their products after 1978, the judge agreed with the victim’s family that the woman’s exposure could have come from products that were still in circulation from before that date. With that notable shortcoming in the company’s defense combined with Mr. Buczynski’s testimony about the dust that was raised when he “applied, chiseled, removed, and sanded asbestos-containing DAP caulking,” the judge hearing the case agreed that the case should continue moving ahead for a jury to decide.
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