NY Supreme Court, Appellate Division Denies Summary Judgment in Asbestos Case, Upholds Labor Laws

NEW YORK, Feb. 4, 2021 /PRNewswire/ -- In a monumental step forward for workers' rights and employer accountability, the Supreme Court of the State of New York, Appellate Division, First Judicial Department denied a summary judgment (Case No. 2020-02378) submitted by the defendants of Morgan v. Am. Home Assurance Co., et al. (Case No. 190063/16). The civil suit focused on a former Pan American World Airways, Inc. (Pan Am) employee who, while working at John F. Kennedy International Airport in the 1970s, was allegedly exposed to asbestos. Later in life, he developed mesothelioma, which led to his early death in 2015.

Only a year later, in 2016, the late employee's surviving loved one filed the civil suit on the grounds that his alleged exposure to asbestos while employed by Pan Am was a primary contributing factor to his illness. The suit named the American Home Assurance Company, Inc. and the Port Authority of New York and New Jersey as defendants.

Through the case, the plaintiff stated that the defendants were allegedly in violation of Labor Law § 200 and sought damages on this basis, as well as on the bases of negligence, strict products liability, and punitive damages. Due to a lack of conclusive evidence, the civil court was not able to, in good faith, rule in favor of either party. Thus, it granted that the Port Authority's summary judgment be reviewed by an appellate court.

In this summary judgment, the Port Authority maintained that the civil case should be dismissed due to a lack of (a) firsthand knowledge of the facts by the deposed and of (b) evidence regarding who was truly responsible for the workers' safety. Moreover, the Port Authority argued it could not be held liable for punitive damages because of its status as a government entity or held legally liable under product liability law because it was not a manufacturer, distributor, or seller of the potentially asbestos-contaminated goods in question.

Although these arguments may have seemed sound to the defense, the appellate court ultimately denied the summary judgment because the Port Authority was not (and is not) above the law — specifically, it is not above Labor Law § 200. Therefore, it can be named as a defendant in common-law negligence claims, and it cannot skirt accountability by citing its status as a government entity. This is truly a pivotal moment for workers' rights, as it ensures that workers, when wronged, have the right to pursue justice against their negligent employers.

Shrader & Associates L.L.P. is a national law firm that advocates for individuals injured by their toxic exposure to asbestos, COVID-19, vinyl chloride, and more. If you were injured as a result of your employer's negligence, the firm's attorney team wants to hear from you. Learn more about Shrader & Associates L.L.P. at shraderlaw.com or call the firm at (877) 958-7920.

SOURCE Shrader & Associates L.L.P.