Asbestos Litigation Success

Summary judgment has been successfully obtained on behalf of a local hospital in an asbestos litigation case. In a case involving plaintiff’s allegation that he was exposed to asbestos, and later developed mesothelioma in part due to alleged exposure during construction at the hospital in the 1960’s, Maynard, O’Connor associate attorney Andrea Demers submitted an ultimately successful motion for summary judgment arguing that plaintiff was wholly unable to demonstrate that asbestos was used during the construction and moreover, plaintiff was unable to raise a triable issue of fact that even if asbestos was used, that such asbestos was a competent source of his exposure. Additionally, it was argued that the hospital did not supervise or control the plaintiff’s work while he was present at the construction site.