Asbestos, Mesothelioma, Boston & Aerco: A case in the Supreme Court New York County (1.21.2021), ruled on a motion for summary judgment.
The Asbestos, Mesothelioma, Boston & Aerco case is about defendant McCord Corporation’s (“McCord”) motion for summary judgment, pursuant to CPLR 3212, to dismiss plaintiff’s Complaint and all cross-claims, based on plaintiff’s alleged failure to put forth legally sufficient evidence to establish an issue of material fact as to whether any product manufactured, sold or distributed by McCord caused or contributed to plaintiff Donald Johnson’s (“Decedent”) mesothelioma. Plaintiff opposes the motion.
- From the actual case – “McCord’s motion contends that plaintiff has failed to establish that a McCord product was a substantial factor in causing Decedent’s alleged injuries. The case at issue arises from Decedent’s July 17, 2018, diagnosis of mesothelioma, which plaintiff alleges was caused by his exposure to asbestos dust while enlisted in the United States Navy from 1961 to 1969 (Aff in Op Exh A). During this time, Decedent was stationed at the Boston Naval Shipyard (“BNS”) for approximately 26 months, where he served as a heavy equipment operator (id. at 39-41; Exh B at 28-29, ¶9).
- Decedent passed away from mesothelioma on August 22, 2018, before being deposed. Plaintiff, however, produced three fact witnesses for discovery depositions regarding product identification: Gary Schleich, John Banahan, and Wilbur Billgiton (Aff in Op, Exh B). Mr. Billington worked alongside Decedent at BNS from 1966 until September 1967 (id. at 28, ¶6; 29, ¶9). Mr. Billington testified that he and Decedent removed and replaced McCord and Victor engine gaskets at BNS and that the men were exposed to coworkers who scraped and replaced engine gaskets during overhauls which created visible asbestos dust (id. at 154, ¶22, 155, ¶¶11-22, 24; 156, ¶¶3, 16; 203; ¶7-12).
- Here, upon motion for summary judgment, McCord alleges that it did not cause Decedent’s injuries, and that plaintiff relies on speculative deposition testimony. McCord claims that it can establish the absence of any evidence of Decedent’s exposure to a McCord product.”
For more information on this case related to possible asbestos exposure, mesothelioma and other potential problems associated with asbestos exposure (e.g., asbestosis, cancer, lung cancer, mesothelioma…), please follow this link: Asbestos, Mesothelioma and Boston Naval Shipyard.
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