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PLAINTIFF’S VERDICT IN THIS ASBESTOS CASE PROPERLY SET ASIDE, INSUFFICIENT PROOF PLAINTIFF WAS EXPOSED TO DANGEROUS LEVELS OF ASBESTOS EMANATING FROM DEFENDANT’S PRODUCTS.

 

The First Department, in a full-fledged opinion by Justice Saxe, over a two-justice dissenting opinion, determined the plaintiff’s verdict in this asbestos/mesothelioma case was properly set aside by the trial court. The First Department held the plaintiff’s experts did not present sufficient proof plaintiff’s decedent was exposed to dangerous levels of asbestos emanating from defendant’s products while working as an auto mechanic:

… [T]he fact that asbestos, or chrysotile, has been linked to mesothelioma, is not enough for a determination of liability against a particular defendant; a causation expert must still establish that the plaintiff was exposed to sufficient levels of the toxin from the defendant’s products to have caused his disease … . Even if it is not possible to quantify a plaintiff’s exposure, causation from exposure to toxins in a defendant’s product must be established through some scientific method, such as mathematical modeling based on a plaintiff’s work history, or comparing the plaintiff’s exposure with that of subjects of reported studies … .

The evidence presented by plaintiff here was insufficient because it failed to establish that the decedent’s mesothelioma was a result of his exposure to a sufficient quantity of asbestos in friction products sold or distributed by defendant Ford Motor Company. Plaintiff’s experts effectively testified only in terms of an increased risk and association between asbestos and mesothelioma … , but failed to either quantify the decedent’s exposure levels or otherwise provide any scientific expression of his exposure level with respect to Ford’s products … . Matter of New York City Asbestos Litig., 2017 NY Slip Op 01523, 1st Dept 2-28-17

PRODUCTS LIABILITY (PLAINTIFF’S VERDICT IN THIS ASBESTOS CASE PROPERLY SET ASIDE, INSUFFICIENT PROOF PLAINTIFF WAS EXPOSED TO DANGEROUS LEVELS OF ASBESTOS FROM DEFENDANT’S PRODUCTS)/TOXIC TORTS (ASBESTOS, PLAINTIFF’S VERDICT IN THIS ASBESTOS CASE PROPERLY SET ASIDE, INSUFFICIENT PROOF PLAINTIFF WAS EXPOSED TO DANGEROUS LEVELS OF ASBESTOS FROM DEFENDANT’S PRODUCTS)/ASBESTOS (PLAINTIFF’S VERDICT IN THIS ASBESTOS CASE PROPERLY SET ASIDE, INSUFFICIENT PROOF PLAINTIFF WAS EXPOSED TO DANGEROUS LEVELS OF ASBESTOS FROM DEFENDANT’S PRODUCTS)/EXPERT OPINION (PLAINTIFF’S VERDICT IN THIS ASBESTOS CASE PROPERLY SET ASIDE, INSUFFICIENT PROOF PLAINTIFF WAS EXPOSED TO DANGEROUS LEVELS OF ASBESTOS FROM DEFENDANT’S PRODUCTS)

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