A Mesothelioma Patient Attributes His Illness to Asbestos In DAP Products

Jose Munoz, before succumbing to malignant mesothelioma, provided testimony implicating companies he held responsible for his asbestos exposure. He specifically recounted his work involving DAP, Inc. caulks and plaster products, highlighting the dust he inhaled while sanding down these materials.


DAP products


While DAP insisted on dismissing the case, contending that their products were asbestos-free, the judge overseeing the matter dismissed their request.

The judge cited DAP's failure to meet the legal standard required to warrant dismissal, thus allowing the case to proceed.

 

Legal Mandate Demands Asbestos Company Prove Their Product Couldn't Have Caused Mesothelioma Fatality

In a mesothelioma lawsuit, a defendant company has the right to request the dismissal of the case. However, they must provide substantial evidence to support this request in accordance with legal requirements.

This mandate entails presenting evidence that resolves significant factual discrepancies within the case. The strictness of this criterion contributes to the infrequency of dismissals in mesothelioma lawsuits.

Proving unequivocally that a product could not have contributed to the plaintiff's injury is extremely difficult, especially when there is evidence suggesting the presence of asbestos in the product.

 

Mesothelioma Victim Has Weight of Evidence

Mr. Munoz's survivors presented compelling evidence, including his clear testimony and insights from an expert witness who reviewed his exposure and work history, affirming that it led to his malignant mesothelioma.

In contrast, the judge assessed an affidavit from DAP's expert that lacked case-specific relevance and wasn't grounded in personal knowledge to definitively establish the absence of DAP products containing asbestos in Mr. Munoz's vicinity or used by him.

Based on the insufficiency of the asbestos company’s case and the strength of the mesothelioma victim’s evidence, the judge denied the petition to dismiss the case and allowed the lawsuit to move forward for a jury to decide.

If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.



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