Boiler Defendant Denied Summary Judgment in Asbestos Case by New York Trial Court

NEW YORK –– A boiler defendant has been denied summary judgment in a New York asbestos case, after the court found that the plaintiff had provided sufficient evidence of causation “stating that defendant’s product is capable of causing the underlying illness at issue.”

In the June 1 decision, the New York Supreme Court for New York County also concluded that the defendant had failed to prove that an expert report proffered on behalf of the plaintiffs was not based upon scientific methodologies that are generally accepted in the scientific community.

In the complaint, the plaintiffs link Frederick Lindberg’s mesothelioma diagnosis, …