Mesothelioma Lawsuit Continues Against Pizza Stone Manufacturer

For purposes of this article, the mesothelioma victim in this case will be referred to as D.R.K.

A recent mesothelioma case involving occupational asbestos exposure has shed light on a lesser-known source of contamination: commercial pizza ovens. D.R.K., a former pizza cook, was diagnosed with malignant mesothelioma after working in pizza restaurants between the 60s and 80s. D.R.K. was diagnosed with the rare but aggressive form of cancer decades after his exposure to asbestos-laden pizza ovens in the restaurants he worked in. After his diagnosis, D.R.K. filed a personal injury lawsuit against the oven manufacturer and the supplier of the asbestos-containing transite boards used in the pizza ovens. While he reached a settlement agreement with the oven manufacturer, as of the writing of this article, the case against the stone board manufacturer continues.

Before the dangers of asbestos became widely known, this material was regularly used in applications that required strength and heat resistance. While asbestos is often associated with construction, military ships, boiler works, electric components, and insulation, it was widely used in many other ways. Not many people know that asbestos was commonly used in commercial kitchens, specifically ovens. From the mid-20th century, manufacturers commonly used transite baking stones in pizza ovens to maintain high cooking temperatures. These heat-retentive stones posed a serious health risk to those operating the ovens, as they contained asbestos.

Mr. D.R.K. and many others spent years working around asbestos-contaminated pizza ovens, not knowing the dangers posed by the asbestos within. Employers did not warn workers of asbestos exposure risks or provide protective measures. Many former employees have been diagnosed with mesothelioma and other asbestos-related illnesses. Like Mr. D.R.K., many have filed lawsuits against the manufacturers responsible for exposing them to the carcinogenic material.

Mr. D.R.K. initially filed a lawsuit against both Bakers Pride, the oven manufacturer, and David Fabricators, the company that supplied the asbestos-contaminated transite boards. He reached a settlement with Bakers Pride. However, D.R.K. continued to pursue a claim against David Fabricators, hoping to hold them responsible for their role in his asbestos exposure. David Fabricators tried to dismiss the case, arguing that the matter had already been decided in the original case, and that Bakers Pride was a necessary party to the case that couldn’t be joined because of the settlement.

The New York Supreme Court’s Appellate Division reviewed the motion and rejected the defendant’s request to be dismissed under the principle of res judicata from the case. Res judicata is a legal principle that bars a case from being relitigated once a court has rendered a final judgment. In other words, this principle prevents the same case from being tried twice. The court noted that David Fabricators was not a part of the original lawsuit. Therefore, they could not avoid liability based on res judicata. The court also denied the argument that Bakers Pride is a necessary party to David Fabricators’ case. The court stated that joint tortfeasors do not all have to be included in the same legal action. The court ruled that the case against David Fabricators should continue.

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