Plaintiff’s Smoking History Doesn’t Exclude Asbestos as Potential Cause of Lung Cancer, N.Y. Court Rules

NEW YORK –– A New York trial court has denied Goodyear Tire & Rubber Co.’s motion for summary judgment in an asbestos case, finding that the plaintiff’s smoking history does not exclude the possibility that her lung cancer was caused by asbestos exposure.

In a Dec. 13 order, the New York Supreme Court for New York County concluded that Goodyear had failed to meet its initial burden for establishing that it was entitled to summary judgment.

Plaintiff Edith Niedert brought the underlying claims, contending that she was exposed to asbestos fibers while laundering her husband’s work clothing. Paul Niedert worked …