In May 2019, we obtained a dismissal on behalf of our client who was sued on a premises liability theory in this upstate New York asbestos case. The plaintiff, an 88-year old former millwright, alleged that he developed lung cancer as a result of his working with asbestos-containing products at various worksites. The case presented several unique challenges including the misidentification of our client’s site where plaintiff claimed that he worked in the ‘60s and ‘70s. Through a detailed cross-examination, we obtained favorable evidence that supported summary judgment. For example, plaintiff described numerous physical features that were actually consistent with a nearby site owned by another company. The case was further complicated by statute of limitations, choice of law, and premises liability issues. Working closely with our client, we leveraged its historical knowledge of the site with strong legal arguments to position the case for a summary judgment motion that ultimately yielded a dismissal with prejudice.
Robert Kelly, Jason Schmitz and Christine Emery were instrumental in obtaining this outcome.