Attorney, Jason Riemer, secured a dismissal for a boiler manufacturer in an asbestos action brought by a plaintiff with mesothelioma in New York Supreme Court, Westchester Country. Plaintiff alleged his mesothelioma developed as a result of asbestos exposure from installing adjacent piping to the boilers he believed were manufactured by our client. However, in filing a motion for summary judgment, BMM argued Plaintiff’s claims failed to present a prima facie case against its client. Mr. Riemer asserted that Plaintiff’s recollection of the client’s name was not enough evidence to prove the boilers were ever used in his place of work. Available public records indicated the client’s boilers were not present at any worksites where Plaintiff alleged exposure. Further, citing Gajda v. AO Smith, a 2018 ruling where BMM obtained a dismissal on behalf of a client, it was argued that the boiler manufacturer was not legally responsible for alleged asbestos exposure arising from the plaintiff installing pipe adjacent to the boilers when there was no testimony that he worked directly with the boilers themselves.
Ultimately here, Plaintiff’s counsel was unable to credibly oppose the summary judgment motion and discontinued the action against BMM’s client. Given that it is notoriously difficult for defendants to obtain summary judgment in asbestos matters throughout New York State, the dismissal represents a significant victory for BMM and its client.