Advance Auto Parts Named in Mechanic’s Mesothelioma Claim
When Joseph Munna was diagnosed with malignant mesothelioma, the former auto mechanic filed suit against those companies he blamed for exposing him to asbestos. Included in that list was Advance Auto, which he blames for selling him parts that were contaminated with asbestos. Though the company asked for the case against them dismissed, a New York judge denied their request, noting that much of the company’s argument was unrelated to the victim’s claim.
Mechanic’s Claim Identifies Asbestos-Contaminated Parts Caused His Mesothelioma
Mr. Munna’s career lasted for decades, but the asbestos exposure he blames for his mesothelioma occurred between the 1970s and 1990s. He points to parts purchased from Advance Auto between the 1970s and 1990s, recalling seeing the company’s delivery vehicles and branding on items that he worked with.
Though the mesothelioma victim was clear that he had been an employee, and had not been responsible for purchasing the parts, nor did he know which store they’d been purchased from, Advance Auto’s petition for summary judgment contained language arguing that they hadn’t operated New York stores in Staten Island or Valley Stream: curiously, Mr. Munna never referenced those locations in his claim, and never specified a particular store.
Mischaracterization of Mesothelioma Victim’s Testimony Defeats Motion for Dismissal
Further perplexing the judge in the case was Advance Auto’s argument that the mesothelioma claim against them should be dismissed because Mr. Munna had not been personally involved in buying or ordering any of their asbestos-contaminated parts. As this was in keeping with his testimony and had no relation to whether they could be held liable or found negligent, Justice Adam Silvera of the Supreme Court of New York said that they had failed to meet the standard for summary judgment to be granted, and further noted that the motion had “relied solely upon a mischaracterization of plaintiff’s consistent and unequivocal testimony regarding their products.”
The judge denied the motion for summary judgment, and the mesothelioma claim will move forward to be heard by a jury.
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