Court Dismisses Lawsuit Asserting Second Injury for Asbestos Exposure

NEW YORK -- A New York Court has dismissed claims pending against an asbestos defendant, ruling that a 10-year old settlement for the plaintiff's asbestosis claim precluded him from renaming the defendant in a future mesothelioma action. Consorti v. Aerofin Corp, et al., No. 0101948/04 (N.Y. Sup. Ct., N.Y. Cty.).

In an Aug. 31 decision, Judge Helen E. Freedman of the New York Supreme Court for New York County also opined that the plaintiff -- upon settling his asbestosis claim -- should have been aware that he might develop mesothelioma because his brother was a plaintiff in the first lawsuit …