81 A.D.2d 994 | N.Y. App. Div. | 1981
— Appeal from an order of the Supreme Court at Special Term, entered July 9, 1980 in Rensselaer County, which denied defendant’s motion to dismiss the complaint. Plaintiff began working for defendant GAF Corporation (GAF) in October, 1971 as a chemical technician. Her duties exposed her to a variety of industrial chemicals including allegedly carcinogenic substances. In March, 1972 she began experiencing urinary tract problems for which she was doctored by a urologist to whom she was referred by GAF’s company nurse. Following treatment, she was found fit to resume working and in early 1974 was assigned to the post of production chemist which purportedly involved greater exposure to chemicals. In March of 1976 her physicians concluded that the toxic effect of chemicals she was exposed to was such that she could no longer continue to work at her present job. Unable to place her in another position compatible with her work experience and medical restriction, GAF terminated her effective March 15,1976, whereupon she immediately applied for and received workers’ compensation benefits. This suit, to recover damages for future manifestation of bladder cancer, was commenced in November, 1979. Causes of action in fraud, intentional tort and negligence are advanced. Essentially it is charged that GAF falsely and fraudulently stated and represented to plaintiff that she was physically and medically fit for her particular work assignment involving exposure to allegedly carcinogenic chemicals and substances; that from prior medical examinations GAF had actual knowledge that plaintiff was uniquely susceptible to bladder cancer by virtue of constant exposure to carcinogenic substances, yet wantonly and