Partners Alan I. Dunst and Daniel R. Kuszmerski Received “No Cause” Defense Verdict in Asbestos Products Liability Trial
On August 15, 2016, Partners Alan I. Dunst and Daniel R. Kuszmerski, received a “no cause” defense verdict from a Middlesex County Superior Court jury in an asbestos products liability trial which took place before the Honorable Ana C. Viscomi. Plaintiff alleged exposure to asbestos contaminated raw talc that was distributed to his employer, for incorporation into its cosmetic talcum powder products. Specifically, Plaintiff claimed that the talc was a substantial contributing factor to his mesothelioma. Ultimately, the jury unanimously agreed with the defense argument that our client’s talc was reasonably fit, suitable and safe for its intended or foreseeable use.
This case was tried under the common law, as it was deemed to fall under the environmental exception to the New Jersey Products Liability Act. Therefore, we were not permitted to set forth as a “state-of-the-art” defense regarding what was known or knowable as to asbestos contamination in talc.
This is Alan’s third straight asbestos defense verdict.