Asbestos in Safety Gloves Blamed for Mesothelioma Death
Warren Stouch died of malignant mesothelioma in July 2021, but before his death he filed a personal injury lawsuit against Magid Glove and Safety Manufacturer, accusing the company of negligence and blaming asbestos in the company’s safety gloves for having caused his terminal illness.
After Settlement Negotiations Fail, Glove Company Tries to Have Mesothelioma Lawsuit Dismissed
The lawsuit that Mr. Stouch filed against the glove company cited his years of wearing their branded kitchen gloves, first from 1957 to 1959 while working at the Albany Sheraton Ten Eyck Hotel, and later from 1981 to 1989 at St. Thomas of Villanova in Philadelphia. The former food industry worker wore the gloves to protect him from heat and flame, unaware that the asbestos they contained was deadly.
The mesothelioma lawsuit was filed in February 2020 but was delayed due to the global pandemic, and after Mr. Stouch died his estate took the case on. When a settlement attempt failed, the company filed a motion to have the case dismissed. Their petition relied on their company representative having submitted an affidavit that contradicted the victim’s deposition testimony about the gloves having borne the company’s name.
Judge Denies Motion for Summary Judgment in Mesothelioma Claim
Though Magid’s attorney argued that the affidavit indicated that their name had not been on their gloves and that the mesothelioma victim’s deposition was wrong, the judge denied their petition. Supreme Court Justice Justin Corcoran noted that the affidavit that they pointed to feel short of what was required for a motion for summary judgment to be granted.
In his ruling, Justice Corcoran said that because the affidavit from the company’s representative had relied on unspecified documents that had not been submitted as evidence, the company had failed to prove that their gloves could not have caused Mr. Stouch’s death. The case will go on for a jury to decide.
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