Electrical Supplier’s Attempt to Evade Asbestos Lung Cancer Liability Denied
After having worked for Con Edison in New York for more than forty years, Paul Scandliato was diagnosed with asbestos-related lung cancer. Among the companies he named in a personal injury lawsuit was Kennedy Electrical Supply Corporation. In response to his charge of negligence in having exposed him to dangerous products without providing a warning, the company asked the courts to dismiss the case, pointing to a discrepancy in the victim’s testimony. That request was denied by the judge hearing the case.
New York Judge Rejects Electric Company’s Petition in Asbestos Lung Cancer Case
In response to his lung cancer diagnosis, Mr. Scandaliator named dozens of companies whose asbestos-containing products he’d been exposed to over his forty years of working for Con Edison. Among them was Kennedy Electrical Supply Corporation, and when the company asked the court to allow them to be excused from the case, Justice Adam Silvera of the Supreme Court of New York County carefully reviewed the company’s petition for summary judgment.
In handing down his decision rejecting the company’s request, Justice Silvera noted that the basis for the company’s request for dismissal was a discrepancy in the asbestos lung cancer victim’s deposition testimony. He pointed out that though this discrepancy could have an impact on the jury’s consideration of the company’s guilt, it was not enough to warrant dismissal by the court.
Summary Judgment Requires Different Justification in Asbestos Cancer Case
Justice Silvera explained that under New York law, petitions for summary judgment in mesothelioma and asbestos lung cancer claims can only be granted if the party seeking the action can show that its products could not have contributed to the victim’s injury. Pointing to gaps in the proof that the plaintiff provides is not enough.
Writing that “the assessment of the value of a witness’s testimony constitutes an issue for resolution by the trier of fact, and any apparent discrepancy between the testimony and the evidence of record goes only to the weight and not the admissibility of the testimony,” Justice Silvera denied the company’s request and allowed the case to move forward for a jury to decide.
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