The U.S. District Court for the District of Delaware has granted summary judgment in favor of defendant AM General, LLC, in an asbestos lawsuit. The decision came as a result of insufficient evidence provided by the plaintiff, Olga Pavlick.
In January, 2010, Ms. Pavlick filed the suit on behalf of decedent John Pavlick Jr., who was diagnosed with mesothelioma in 2008. Mesothelioma, an aggressive type of cancer with a high mortality rate, is primarily caused by exposure to asbestos, and although asbestos has been banned in the U.S. since the 1970s, there are still approximately 3,000 mesothelioma diagnoses made each year. The disease has a lengthy latency period; many victims do not present symptoms for decades following their exposure. Unfortunately, after being diagnosed, only 10% of patients survive for five years. Mr. Pavlick passed away within a year of his diagnosis.
According to the lawsuit, Mr. Pavlick was allegedly exposed to the deadly toxin in Germany between 1971 and 1974, during his time in the U.S. Army, when he supervised the repair and maintenance of AM General-branded military vehicles with asbestos-containing parts. Although AM General is known to have manufactured such vehicles, Ms. Pavlick did not offer any evidence to specifically indicate that Mr. Pavlick had ever worked on AM General’s products. Two of the plaintiff’s witnesses, both of whom served in the Army with Mr. Pavlick, were unable to confirm that the decedent had come into contact with vehicles manufactured by the defendant.
Powered by WPeMatico