In a recent court decision, Justice Adam Silvera of the Supreme Court of New York County rejected Fulton Boiler Works’ attempt to prevent a mesothelioma victim from having a jury trial.
Anthony W. Morale, who worked for nearly forty years as a heating technician, succumbed to malignant mesothelioma. He had filed a lawsuit against Fulton Boiler Works, alleging negligent exposure to asbestos during his employment.
The company sought summary judgment, arguing that Morale failed to prove exposure to their products. However, Justice Silvera denied this request, allowing the lawsuit to proceed.
Fulton Boiler Works had tried to avoid a jury trial, a common strategy among asbestos companies facing similar lawsuits. They argued that their boilers did not require the type of service and assembly work that Morale claimed to have performed. Furthermore, they contended that their products were not used in environments similar to those where Morale had worked.
Despite his illness, Morale provided detailed testimony about his work with Fulton’s boilers, dating back six decades.
Justice Silvera noted the clarity and certainty of Morale’s statements, made shortly after his diagnosis and shortly before his death. The judge highlighted the importance of jury consideration in cases where there is a “classic battle of the experts” between mesothelioma professionals and asbestos companies. Consequently, the case is set to continue, allowing for a jury to weigh the evidence and testimonies.
