Victim Points to Apprenticeship Work as Cause of Mesothelioma
Michael Wagner was diagnosed with pleural mesothelioma after years of working with asbestos-contaminated products. He filed suit against the companies whose contaminated products he’d worked with, accusing them of negligence and failure to warn of the danger he faced. When American Biltrite petitioned for the case against it to be dropped, the victim provided expert witness testimony that defeated its arguments.
Mesothelioma Victim Cites Work with Vinyl Tiles
Among the many companies Mr. Wagner named in his mesothelioma lawsuit is American Biltrite. He specifically recounted having worked with the company’s asbestos-contaminated tiles in the 1960s, when he was an apprentice tile installer and breathed in the toxic dust generated by that work.
In response to the mesothelioma victim’s claim, American Biltrite argued that the case against them should be dismissed because there was insufficient evidence to support his argument. They cited an industrial hygienist’s study that concluded that the amount of asbestos dust created by scoring or cutting its tiles would be insufficient to cause the rare form of cancer. But Mr. Wagner responded by pointing out that as an apprentice he had been tasked with sanding the tiles, a job that created far more dust.
Judge Denies Motion to Dismiss Mesothelioma Claim.
After listening to arguments from both sides, Justice Adam Silvera of the Supreme Court of New York County noted that the company’s motion to dismiss the case did not meet the requirements that the state requires for summary judgment. He reminded the asbestos company that to have the mesothelioma claim dismissed, they needed to establish that there was no possibility that their product could have been responsible for his illness and that they had failed to reach that bar. The case will go forward for a jury to weigh the evidence from both parties.
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