Lung Cancer Victim Files Asbestos Lawsuit Against Con Edison Suppliers
When Robert Toth was diagnosed with asbestos-related lung cancer, he filed an asbestos lawsuit through the New York court system. The asbestos companies that he named as defendants objected to his claim, asking for it to be dismissed because he hadn’t specified which of their products he had been exposed to. The judge overseeing the case denied the companies’ motion for summary judgment, noting that the 86-year-old victim had provided “clear and unequivocal” testimony about his work and his exposure.
Asbestos Exposure Blamed for Con Edison Employee’s Lung Cancer
Asbestos exposure has been directly linked to malignant mesothelioma, asbestosis, asbestos-related lung cancer, and other serious illnesses. Though the general public was only made aware of this in the mid-1970s, many manufacturers whose products contained the mineral had been aware of its dangers for years but continued to use it without warning people of the risk. When Robert Toth was diagnosed with asbestos-related cancer, he filed a personal injury lawsuit against the companies that supplied his employer, Con Edison, with the asbestos-containing materials that he blames for his illness.
The asbestos lung cancer victim blames his illness on asbestos-containing products he worked with at Con Edison over his thirty years with the company. He had been a sheet metal worker assigned to work at several of the company’s powerhouses, and during deposition testimony, he described his many job assignments, what they entailed, and the kinds of products that he worked with. Despite the significant detail he used in describing his work, some of the defendants filed a motion arguing that the claims against them should be dropped because he had not been specific enough about the products that he’d worked with.
Judge Agrees that Lung Cancer Victim’s Testimony is Sufficient
In reviewing the case and the asbestos companies’ motion for summary judgment, Justice Adam Silvera of the Supreme Court of New York County denied the asbestos companies’ filing, noting that the 86-year-old victim had provided testimony that provided enough information for the case to move forward. The judge noted that in addition to the fact that the victim’s testimony about his exposure had been “clear and unequivocal,” the arguments submitted by the companies had not provided any evidence to suggest that they could not have caused his illness. The case will move forward for a jury to decide.
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