Mazur & Kittel, PLLC
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🗽 New York Construction Worker’s Mesothelioma Lawsuit Clears Legal Hurdle (Full Article on Mesothelioma.net ⬇️ ・ When Lo - 2033575249409520859
🗽 New York Construction Worker’s Mesothelioma Lawsuit Clears Legal Hurdle (Full Article on Mesothelioma.net ⬇️ ・ When Louis Decanio died of malignant mesothelioma in February of 2016, the source of his illness was clear: he had worked as part of a clean-up crew in New York City from 1958 to 1966, and had been responsible for removing boiler parts after they had been disassembled. He had a clear memory that the boilers were manufactured by Kohler Co., and upon learning that those parts were contaminated with asbestos, he and his wife filed a lawsuit seeking compensation for his illness. Though Mr. Decanio has died, the lawsuit continues. Kohler argued that the case should be dismissed based upon a previous decision in another mesothelioma lawsuit. Recently their motion for summary judgment was heard by Judge Manuel Mendez of the New York Asbestos Litigation Court, who denied their motion, explaining that the case that they referenced was not relevant to Mr. Decanio’s situation. ・ Carting away asbestos parts led to mesothelioma In a deposition that Mr. Decanio gave before his mesothelioma death, he detailed how he had been exposed to Kohler’s asbestos-contaminated boiler parts. He described the frayed gaskets that he would load into carts and take away, as well as the fact that he was often on site when they boilers were being disassembled. In response, Kohler’s attorneys argued that the removal of parts after dismantling was not a foreseeable use of the product and that therefore the company owed no duty of care to anybody who was carrying parts away. Mr. Decanio’s attorney countered that there is an expectation that boilers would eventually be replaced or updated, and that removing parts would be within the scope of foreseeable use.