At a recent hearing involving a mesothelioma victim, a New York Asbestos Litigation Court judge denied asbestos manufacturer Kohler Co.’s motion for summary judgment, allowing chimney cleaner Robert Goodheart to continue pursuing justice on his own behalf and to proceed with a jury trial. Kohler’s attorney had argued against Goodheart’s claim that asbestos in Kohler’s boiler products and parts had been responsible for his illness, and had gone so far as to stop Goodheart from testifying about the presence of asbestos in the products during a deposition by redirecting his answer.
When a person is exposed to asbestos and inhales or ingests the carcinogenic material’s fibers, they are at risk for diagnosis of malignant mesothelioma, asbestosis, asbestos-related lung cancer, and numerous other illnesses. In the case of Mr. Goodheart, his exposure came from his years working as a chimney clean, which included him removing, installing and cleaning up asbestos cement from Kohler boilers. Shortly after having been diagnosed with mesothelioma in August of 2018, the 62-year-old provided testimony in a deposition during which he explained the work duties that put him in close proximity to asbestos from Kohler products. While testifying specifically about Kohler products and the location of asbestos within them, Kohler’s attorney immediately redirected him to talk about something else. Later, the attorney argued for the case to be dismissed because Mr. Goodheart’s testimony had not specifically identified asbestos within the Kohler boiler.
The judge hearing the motion for summary judgment in the mesothelioma lawsuit, Judge Manuel C. Mendez, ruled against Kohler’s argument, indicating that Mr. Goodheart’s argument had raised issues of fact about his exposure to asbestos that needed to be decided by a jury. The case will move forward and Goodheart will have the opportunity to provide more evidence pointing to Kohler Co.’s liability for his illness and to seek compensation for the damages that he has suffered.
If you or someone you love has been diagnosed with malignant mesothelioma and you are interested in finding out more about your rights, we can help. Contact us today at 1-800-966-2244.