New York court rules that a mesothelioma victim who was exposed to asbestos-containing joint compound during home construction go to trial.
NEW YORK, New York, December 26, 2013 – On December 9, 2013, a New York court ruled that a mesothelioma victim who was exposed to asbestos-containing joint compound during his home renovation work in the 1970s was entitled to see his day in court.
The mesothelioma victim, represented by LK, did his own construction of his loft apartment in New York City. One product the plaintiff recalled using was a joint compound that plaintiff alleges contained asbestos during the time of the construction.
A joint compound is a mixture used to seal two pieces of drywall together and is commonly used by both professionals as well as laymen doing their own home renovations.
The plaintiff applied the joint compound in question, then sanded it once it was dry. The victim remembered breathing in the dust caused by sanding the joint compound.
One manufacturer of the joint compound during the time of the LK client’s home renovations attempted to have the court dismiss the case. The New York court’s decision, however, rejected that request based on the plaintiff’s evidence that certain joint compounds manufactured in the 1970s contained asbestos. The court’s ruling allows the mesothelioma victim’s case to move forward to trial.
Mesothelioma is a rare disease caused by exposure to asbestos. With offices in New York, New Jersey, and Georgia, LK has been representing mesothelioma victims nationwide for close to 30 years.