The lawyers at Lynch Daskal Emery LLP have successfully tried hundreds of cases and handled numerous appeals in state and federal courts throughout the country.
Justice Manuel Mendez, who presides over the New York City Asbestos Litigation (NYCAL) docket, has granted LDE’s motion for summary judgment, dismissing all claims and cross-claims asserted against a former floor tile manufacturer.
The plaintiff in the action, a career flooring salesman, had been diagnosed with lung cancer, from which he later died, and blamed his illness on years of working with vinyl asbestos tile.
While dismissals on motion are a rarity in NYCAL, LDE was able to obtain summary judgment for its client by demonstrating lack of medical causation. In granting the dismissal, Justice Mendez found that the medical and industrial hygiene experts retained by LDE on behalf of its client had effectively shown, “through the use of mathematical modeling and comparison to the exposure levels in the medical literature”, that the cause of the plaintiff’s lung cancer was his cigarette smoking and emphysema,” not any potential exposure to asbestos.