Tag Archives: burden of proof

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Simply Naming Defendants in Interrogatory Responses Held Insufficient For Plaintiff to Prevent a Shifting of Burden of Proof on Summary Judgment In New York, Erie County Case

On May 26, 2016 a decision and order in Blamowski v. Air & Liquid Systems, Inc., et al., Index No. 808655/2014 came down granting summary judgment to several defendants in a take-home deceased mesothelioma case. In this case, it was alleged that the decedent was exposed to asbestos from laundering her husband, Eugene Blamowski’s, work clothes. Mr. Blamowski worked as a laborer at Bethlehem Steel from 1955-84, with the exception of his Army service from 1958–62. He and the decedent were married in 1965…

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