Tiles Linked to Mesothelioma and Other Asbestos-Related Diseases Subject of Lawsuit
Asbestos was once a common component of vinyl tiles, and as a result tile manufacturers are frequently named in lawsuits filed by those diagnosed with malignant mesothelioma, asbestosis, and other asbestos-related diseases. In a recent case, The Goodyear Tire and Rubber Company was named as a defendant in a personal injury lawsuit. The company asked a New York judge to dismiss the case, claiming that the tiles the victim worked with did not contain asbestos, but witness testimony contradicted this assertion, and the judge allowed the case to move forward.
Fibers Released When Cutting Contaminated Tiles Cause Cancers Like Mesothelioma
Many cases involving vinyl asbestos tiles are filed by victims of malignant mesothelioma, but in the recent case, victim Ferdinand Catapano was diagnosed with a different illness, asbestos-related lung cancer. Catapano worked as a union carpenter with his brother-in-law from 1969 until 2007. The men worked in both residential and commercial buildings, and spent much of their time installing Goodyear floor tile.
In deposition testimony, Catapano remembered working with specific Goodyear-branded tiles whose boxes were marked “vinyl asbestos tile.” The company argued that the tiles that they produced during the time that Catapano referenced did not match his exact description and did not contain asbestos, and they asked for the case against them to be dismissed.
Judge Notes Questions of Fact in Asbestos Cases Need to be Decided by Jury
In handing down his decision, Justice Adam Silvera noted disparities between Goodyear’s assertions and statements given by Mr. Catapano and by a former Goodyear floor tile development engineer. While the victim’s memories are important, the judge gave additional weight to the former employee’s indication that special orders for asbestos tiles continued to be filled past 1975, and that those orders were filled both with tiles that were still available and with some tiles that were specially produced. The judge denied Goodyear’s motion for summary judgment.
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