Posted on August 30, 2022
Eric Cislo attributes his malignant mesothelioma to asbestos carried home on his father’s clothes as a child. But when he filed a personal injury lawsuit against the company that made and sold the asbestos-contaminated equipment his father worked with, the company asked that his suit be dismissed, arguing that a series of acquisitions, mergers, name changes and sales had erased it. of responsibility. A New York court denied their motion, finding that there are genuine questions of fact that should be decided by a jury.
Asbestos in boilers blamed for diagnosis of malignant mesothelioma
The mesothelioma lawsuit was filed by Eric Cislo and his wife Kimberly against ADSCO Manufacturing Corporation. Mr. Cislo’s claim claims that between 1969 and the early 1980s, his father worked as a plumber for the West Seneca School District in western New York. He worked with asbestos-contaminated Bison boilers, and the asbestos from these boilers was carried home on his work clothes.
The asbestos-contaminated boilers that are responsible for Mr. Cislo’s mesothelioma were manufactured, sold and installed by Farrar and Trefts, Inc. prior to 1969. That company and the Bison brand, naming rights and goodwill became ASCO Manufacturing Corporation in 1973. More purchases and name changes followed until the company finally became ADSCO Manufacturing, LLC in 2019. That company requested that Mr. Cislo’s complaint be dismissed, arguing that it had not acquired any tort or product liability when acquiring the company.
The court decides that the question of liability linked to mesothelioma must be decided by a jury
In reviewing the arguments of both parties in the mesothelioma lawsuit, the New York State Supreme Court in Erie County concluded that there was a real question as to whether an exception to successor liability s applied to this case, and that the decision should be made by a jury.
The court noted several issues that prevented them from granting the company’s motion to dismiss the case, including the fact that the company’s website specifically states that the company was founded in 1877 and that it is “the same company that operates today”.
Mesothelioma claims are often complicated, but the patient advocates at Mesothelioma.net can help clear up the confusion. Call us today at 1-800-692-8608.
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