N.Y. Court Denies Motion for Summary Judgment from Brake Lining Defendant in Asbestos Take-Home Exposure Case

NEW YORK –– A New York trial court has declined to award summary judgment to Motion Control Industries, finding that the plaintiffs had presented enough evidence to create an issue of fact as to whether a former bus driver was exposed to asbestos in the defendant’s brake lining product.

In the July 15 order, the New York County Supreme Court opined that the plaintiff’s own testimony, coupled with the testimony of a co-worker, was enough to defeat the motion.

The plaintiffs contended that Elizabeth Herman developed malignant mesothelioma as a result of take-home asbestos exposure. Herman’s husband, Fred, was employed …