New York Judge Denies Motion for Asbestos Company

A New York judge denied a motion of summary last month against an air compression manufacturing company that has been named in an asbestos lawsuit. The judge’s decision is based upon the fact that the plaintiffs in the case have already given sufficient evidence to indicate a valid lawsuit against the company.

According to court documents, Judge Sherry Klein Heitler told the defendants, Gardner Denver, an air compressor manufacturing company, that the plaintiffs in the case, John W. Adler and Elaine Adler, presented enough information to show that John may have been exposed to asbestos while aboard Navy vessel from the 1950s until the 1970s.

John Adler worked as an electrician during his time in the military and a large portion of his job duties included working on air compressors aboard the USS Prevail vessel. Garden Denver Air Compressors was one the manufacturers of the air compressors used on Navy ships, including the USS Prevail. The company’s products were littered with asbestos, and without warning of the dangers of inhaling asbestos fibers, the plaintiffs claim that the asbestos exposure during his time working aboard the vessel is why John Adler was diagnose with malignant mesothelioma.

One of John Adler’s responsibilities while working aboard the USS Prevail was to keep watch over the two engine rooms during conversion, which he alleges is only one of the ways he was exposed to asbestos. He was also reportedly exposed from civilian shipyards while working around insulation that contained asbestos.

However, since he didn’t list Gardner Denver as one of the manufacturers of the air compressors he worked on, the company requested a ” No Opposition Summary Judgment” motions. As a result, the plaintiffs’ attorney refused the motion, stating that Gardner Denver indeed was one of the manufacturers that provided air compressors to the USS Prevail. Afterwards, the company filed a motion of summary to dismiss the case, yet Judge Heitler agreed with plaintiffs and denied the motion.

Later on, John Adler testified that he never had a clue who the manufacturers of the products were, nor that any of the air compressors and insulation contained asbestos. Judge Heitler stated that it was irrelevant since there is substantial proof that Gardner Denver was one of the air compression providers.

“Regardless, the documents make it abundantly clear that in 1956, only one year before the relevant time period began, there were Gardner Denver air compressors aboard the Prevail. There is no evidence to show that these Gardner Denver air compressors were replaced either before or during Adler’s service,” Judge Heitler stated.

Keep in mind that if you were exposed to asbestos at a job site or anywhere else because of the negligence of another party, you have the legal right and option to file for damages. Our award-winning asbestos lawyers can assist you and help you understand your rights. For more information and for a free, no-obligation case consultation, contact our leading asbestos law firm today.

Source:

http://statecasefiles.justia.com/documents/new-york/other-courts/2014-2014-ny-slip-op-31472-u.pdf?ts=1402517279

 

 

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