Belluck & Fox Defeats Summary Judgment Motion Made by Supplier of Asbestos Fiber to Garlock

    NEW YORK, NY, May 19, 2015 /24-7PressRelease/ -- The widow of a former Garlock plant worker who allegedly developed mesothelioma from working at Garlock's plant located in Palmyra, New York has defeated a summary motion made by Jaquays Mining Corporation, a supplier of asbestos fiber to Garlock.

Thomas Darcangelis was employed at Garlock's Palmyra, New York plant from 1959 to 1993 as a pipefitter. Based on testimony from one of his co-workers, he was regularly exposed to raw asbestos fibers in the production area when workers shoveled raw asbestos into machines in order to manufacture Garlock asbestos sheet gaskets. Mr. Darcangelis later developed and succumbed to mesothelioma, a terminal form of cancer caused only by exposure to asbestos. On January 9, 2013, a lawsuit to recover damages for his death was filed against Jaquays Mining Corporation and other defendants in the Supreme Court, Wayne County, before the Honorably Daniel J. Doyle - the coordinating Justice of the Seventh Judicial District Asbestos Litigation, who sits in Monroe County.

The case is ROSALIND DARCANGELIS, individually and as Executrix of the Estate of THOMAS DARCENGELIS, deceased.

Garlock made asbestos sheet gaskets and other products at the Palmyra plant. Mr. Darcangelis is just one among numerous Garlock employees who have developed asbestos-related diseases, including mesothelioma. Garlock is presently involved in a bankruptcy proceeding in North Carolina. When Garlock was a solvent defendant in the tort system, it disclosed numerous suppliers of asbestos fibers to its Palmyra plant, including Jaquays.

Jaquays Mining Corporation filed a motion for summary judgment, requesting dismissal of the complaint and all cross-claims asserted against it. It claimed that there was insufficient evidence that Mr. Darcangelis was exposed to asbestos fiber supplied by it to the Garlock Palmyra plant, as opposed to another Garlock plant producing asbestos products. In so doing, however, it acknowledged that a list of Garlock fiber suppliers showed that Jaquays supplied raw asbestos fiber to Garlock during Mr. Darcangelis' exposure period.

Mr. Darcangelis' lawyers opposed the motion, relying on, among other things, the list of Garlock fiber suppliers and prior testimony from Garlock's corporate representative regarding this list, which demonstrated that Jaquays did, in fact, supply asbestos fiber to the Palmyra plant for Garlock's use in manufacturing asbestos sheet gaskets.

The Court concluded that Jaquays failed to meet its initial burden as the movant for summary judgment where it acknowledged that it was identified on the list of Garlock fiber suppliers but failed to submit any evidence that it supplied fiber to some other Garlock plant rather than the Palmyra plant.

The plaintiff was represented by Michael Macrides and Seth Dymond of Belluck & Fox and Jaquays Mining Corporation was represented by Nicole Price Wesselmann of McGiveny & Kluger.

About Belluck & Fox

Belluck & Fox, LLP, is a nationally recognized law firm that represents individuals with asbestos and mesothelioma claims, as well as victims of crime, motorcycle crashes, lead paint and other serious injuries. The firm provides personalized and professional representation and has won over $650 million in compensation for clients and their families. The firm has been named one of the top law firms in America by U.S. News & World Report every year since 2011.

Partner Joseph W. Belluck is AV-rated by Martindale-Hubbell and is listed in Best Lawyers in America, New York Magazine's "Best Lawyers in the New York Area" and in Super Lawyers. Mr. Belluck has won numerous cases involving injuries from asbestos, defective medical products, tobacco and lead paint, including a recent asbestos case that settled for more than $12 million.

Partner Jordan Fox is an award-winning, nationally-recognized asbestos attorney. In 2013 he was named "Lawyer of the Year" for the New York Metro area by Best Lawyers in America after securing $32 million and $19.5 million verdicts in two separate asbestos cases. He is regularly listed in the annual Best Lawyers in America list and has also appeared in Super Lawyers. A number of his verdicts have been featured among the National Law Journal's Largest Verdicts of the Year.

For more information, contact the firm at (877) 637-6843 or through the online contact form.

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