Today, December 5, 2019, MG+M won Summary Judgment in a New York City Asbestos Litigation (NYCAL) matter based upon causation on behalf of our client, a floor tile manufacturer.
Plaintiff was diagnosed with mesothelioma in September of 2017. It was alleged that Plaintiff was exposed to asbestos from his work as a career floor tile installer, working with Defendant’s vinyl asbestos floor tiles in various jobs from the mid-1960’s through the mid-1980’s.
Defendant moved for summary judgment contending that Plaintiff failed to present any expert opinion or evidence that established general and/or specific causation that the floor tiles caused the mesothelioma. This included the Plaintiff’s expert reports of Dr. Sanford Ratner; pulmonary specialist, and Dr. David Zhang; specialist in pathology and occupational medicine.
Because Defendant had made a prima facie case demonstrating a lack of causation, and Plaintiff did not properly establish causation, Justice Manuel Mendez granted summary judgment. The court found that Defendant had demonstrated a lack of both general and specific causation finding its experts properly relied on scientific studies.
Defendant argued that unlike amphibole asbestos, no causal relationship exists between chrysotile asbestos encapsulated in floor tile and the development of mesothelioma, eliminating any general causation. As such, Plaintiff’s mesothelioma could not be caused by the floor tile.
MG+M Attorney Justin A. Reinhardt briefed and argued the case on behalf of our client.