Products Liability Law Reporter

A New York trial court held that summary judgment for Nissan North America, Inc., was not warranted in a case brought on behalf of a mechanic who developed lung cancer after working with Datsun products over the course of his career.

Donald Avakian spent his career working as an automobile mechanic. His work included removing and replacing brakes, clutches, mufflers, and gaskets on Datsun vehicles. In 2017, he was diagnosed as having fatal lung cancer and died of his disease within two years. Suit against Nissan North America, Inc., alleged that Avakian’s lung cancer was caused by his exposure to asbestos while working on Datsun vehicles. The defense moved for summary judgment, arguing that it had not caused or substantially contributed to Avakian’s lung cancer.

Denying the motion, the trial court noted that the parties offered differing expert opinions on the effect of Avakian’s chrysotile asbestos exposure and its relation to his lung cancer. This poses a credibility issue that cannot be resolved without a jury’s consideration, the court said, adding that the jury will consider fact issues remaining on both general and specific causation.

Finding that the plaintiff had provided testimony on the asbestos-containing Datsun components with which Avakian worked, the court concluded that the plaintiff had provided causation evidence linking chrysotile asbestos fibers and lung cancer. Thus, the court concluded, summary judgment for the defense was not warranted.

Citation: Avakian v. Aerco Int’l, Inc., 2021 WL 1316676 (N.Y. Sup. Ct. Apr. 8, 2021).

Plaintiff counsel: Jason Weinstein, Thomas Comerford, and Patti Burshtyn, all of New York City.