Where Safety Gloves Were Purchased Integral to Where Mesothelioma Claim Is Heard
After Giacinto Pira died of malignant mesothelioma, his survivors filed a personal injury lawsuit in New York’s court system against Steel Grip, Inc., the manufacturer of safety gloves that he wore while working as a welder. The company, based in Illinois, argued that the case should be dismissed due to jurisdictional questions, but the judge hearing the case allowed the family more time to investigate where the gloves had been sold.
Jurisdiction is Often Key Question When Filing a Mesothelioma Lawsuit
Questions of jurisdiction when filing a mesothelioma lawsuit may seem like technicalities to those who’ve lost a loved one to the rare, asbestos-related disease, but they can make a very big difference to the case’s outcome. Though the key question involving liability for Mr. Pira’s death is whether his work gloves were contaminated with asbestos and whether the company was negligent in allowing him to be exposed, these other points need to be established for the case to move forward.
In Mr. Pira’s case, if Steel Grip were able to show that they’d never done business in New York, then the mesothelioma claim filed in the state’s court could end up being dismissed. Steel Grip argued to the Supreme Court of New York that they were not subject to the court’s jurisdiction because their principal place of business is in Illinois, and they neither manufactured products nor owned property in the state.
Mesothelioma Victim’s Survivors Request Time for Additional Discovery
In response to the company’s motion to have the case dismissed, Mr. Pira’s survivors pointed to the deposition testimony he’d provided before his mesothelioma death, which included swearing that the company he’d worked for had purchased the gloves for his use. Acknowledging Steel Grip’s argument, they requested that the Supreme Court of New York’s Appellate Division give them more time for discovery to determine whether the contaminated gloves had been sold. The court granted the family the time that they requested.
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