Levy Phillips & Konigsberg partner Moshe Maimon, lead attorney in the case

Trenton, NJ (PRWEB) March 19, 2009

Ending a tension-fraught, gut-wrenching two-weeks during which a widow and her family were barred by court order from burying her mesothelioma victim husband, a New Jersey appeals court today affirmed a lower court ruling and denied an attempt by Chrysler and Honeywell to force an autopsy against the widow’s religious objections.

Finding that the autopsy was unlikely to uncover evidence of any significance, the Appellate Division affirmed a Middlesex County, New Jersey Superior Court decision that denied the auto giants the right to compel a post-mortem on the body of Harold St. John, who died February 28.

Moshe Maimon, Esq., the family’s attorney, released the following statement: “This is a victory for the rights of mesothelioma victims. Chrysler and Honeywell put the St. John family through this nightmare when – as the Court found – an autopsy was unlikely to yield any significant evidence. We are relieved that Harry St. John can finally rest in peace.”

Chrysler, Honeywell and other parts manufacturers are named in a civil lawsuit filed last year by the late St. John and his wife, Diane. Both sides in the case had already stipulated that Mr. St. John died from mesothelioma when the auto parts manufacturers made their autopsy demand.

On March 4 the family left Spotswood, New Jersey graveside services with St. John’s casket poised to be lowered into the grave. Chrysler and Honeywell’s stay of burial was served on the funeral director who instead returned the body to the mortuary where it has remained, according to Maimon, of Levy Phillips & Konigsberg, LLP (http://www.lpklaw.com)] in New York and New Jersey.

Private burial services have been set for St. John. St. John was 67 years old when he died. He contracted the deadly cancer from exposure to asbestos at his father’s Jersey City auto repair shop, according to the lawsuit. St. John had worked full- and part-time at Connie’s Auto Repair, in Jersey City, which was started by his grandfather in 1900 and was the oldest auto repair shop in New Jersey, according to Maimon.

Middlesex County Superior Court Judge Phillip Lewis Paley had previously denied the autopsy request, noting that the auto giants’ motion to compel an autopsy in the civil case was a case of first impression in New Jersey, stating that ‘civility will not permit us to desecrate the body of a deceased for reasons unrelated to those set forth in the (New Jersey) autopsy statute.’ According to Maimon, no New Jersey court had ever been asked to compel an autopsy in more than two decades of asbestos litigation.

After Judge Paley originally denied the motion by Chrysler and Honeywell, the auto parts giants then obtained the stay of burial from the Appellate Division. Other remaining defendants in the St. John lawsuit include Carlisle Companies, Inc., Bosch Braking System, Maremont Corp., Standard Motor Products, and National Gasket.

In granting the stay on March 4, the Appellate Division remanded the case back to Judge Paley for further hearings. Even though Chrysler and Honeywell had already obtained pleural tissue from the site of St. John’s mesothelioma they claimed they needed an autopsy to analyze additional bodily tissue including samples from Mr. St. John’s lungs.

After three days of testimony Judge Paley ruled that the auto parts manufacturers again failed to show any significant evidentiary value of additional tissue to be sought, ruling that such samples would merely be cumulative and that the family’s rights dominate.

After the remand, the Appellate Division had ordered both sides to submit additional briefing. Both sides filed them by the Monday, March 16th deadline and the issue was finally decided today. The Court found that Chrysler and Honeywell failed to establish that a limited autopsy would yield results that are evidentially significant in terms of the pending trial.

“The St. John family will now have its day in Court against the companies responsible for causing Mr. St. John’s mesothelioma death,” Maimon said. “I hope no other family in New Jersey or elsewhere in the U.S. has to endure the uncertainty and anguish that the St. Johns experienced over the past two weeks.”

Case Caption: HAROLD R. ST. JOHN and FLORENCE DIANE ST. JOHN, Plaintiffs, vs AFFINIA GROUP, INCORPORATED, Defendants

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-L-5110-08 AS

The March 18, 2009 decision by the New Jersey Appellate Court is posted on the Web site for Levy Phillips & Konigsberg, LLP at: (http://www.lpklaw.com)

Levy Phillips & Konigsberg Contact Information:

Moshe Maimon, Esq.  

(212) 605-6260

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Never cut corners on city auto repairs just to save a few bucks

A good city auto repair shop should be easily accessible and be able to take care of anything that has gone wrong with your city auto. From changing an indicator light to repairing a windscreen, you local city auto repair will get you back on the road in no time.

As much as we want our cars to last forever, the reality is that as they get older they will start to malfunction. This could be just little things at first, such as a fuse in the electrics needing changing, or a new oil filter. As time goes on, major repairs may be needed, like a new battery or radiator, this is when we need to know that we are entrusting our beloved car to someone who will take care of it. When we find a good city auto repair we tend to go back there time and time again, as we know we can trust them to do the job right and not over charge us.

We all live hectic lifestyles and our cars are our lifelines, whether for commuting to and from work or for social purposes, our cars endure heavy usage and invariably are going to have things go wrong with them. Like everything else, the old mantra of ‘you get what you pay for’ applies to city auto repair shops. If you get a quote for $300 then a quote for $100, they should both be questioned. Why is there such a big difference in the prices for exactly the same job? You expect a few dollars but nothing to that extent.

There is some serious overcharging or undercharging going on city auto repair, do your research and get some more quotes, if they are all higher than the $100 then you knows that they are undercharging for some reason, such as using second hand parts or not being properly qualified. Go for a mid range quote and ask how quickly they can do the work, if they say straight away a few alarms should go off. If they were that good, surely they should be busy? However quickly we want our cars back, a bad repair can do even more damage to your car than it had in the first place, and resulting in it being offs the road for even longer.

If you are unlucky enough to get into a car smash, the stability of your car can save your life. Never cut corners on city auto repairs just to save a few bucks, or to get it back on the road quicker. Shop around; ask your family or friends where they go and the kind of service they receive. Find a good city auto repair and stick with them.

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