New York City Judge Denies Boiler Manufacturer’s Motion to Dismiss Mesothelioma Lawsuit

A New York City judge recently handed down an important ruling in a mesothelioma cancer lawsuit brought by a former electrician who claims the defendant, a boiler manufacturer, caused his mesothelioma by exposing him to deadly asbestos fibers. The lawsuit names Lancaster, Pennsylvania-based Burnham LLC as the defendant, alleging the company knowingly produced and shipped products that required after-market parts made with asbestos, specifically asbestos-cement used as an insulation for the equipment.

The plaintiff, now unfortunately deceased, claimed in his lawsuit that during his time as an electrician with his employer, Vanderlin Electrical Contractors, he frequently worked with boilers manufactured by Burnham LLC. The victim claimed that the units delivered by the defendant to his job site at Wesleyan College without the required insulation “jacket” and that insulation workers also on site had to mix asbestos cement to create the insulation needed to complete installation.

Furthermore, the plaintiff, in his sworn deposition testimony before his passing, recalled he was required to remove the very same asbestos insulation on the boilers in order to access valves on the boilers, and would breathe in the dust created during both the application and removal of the insulation. As a result of years of exposure to asbestos fibers in the course of working on boilers produced by Burnham LLC, the plaintiff claimed he developed mesothelioma cancer, a rare and deadly form of cancer directly linked to asbestos exposure.

In his lawsuit, the plaintiff claimed that, among other defendants, Burnham LLC was responsible for his mesothelioma cancer diagnosis because the company recommended that its products be insulated with asbestos cement but did nothing to warn consumers about the risks of asbestos exposure. In its motion to dismiss the complaint against it, Burnham LLC asserted that although it did recommend its products be insulated with asbestos cement, the plaintiff failed to establish the company owed any duty to warn consumers.

Fortunately for the plaintiff, the New York Supreme Court judge rejected the defendant’s argument and allowed the case to move forward. Although the victim has since passed away after filing his asbestos cancer lawsuit, the law gives his surviving family members the right to carry on the lawsuit on behalf of his estate.

The case is another classic example of the lengths some asbestos companies will go to avoid liability, rather than compensate victims appropriately for the harm caused. By filing a mesothelioma cancer lawsuit, victims can recover compensation for past and future medical bills, lost wages, and the pain and suffering of living with a mesothelioma cancer diagnosis.

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 If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.





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