$4 Million Asbestos Verdict Against Steel and Piping Company Upheld
A New York appellate court has upheld an asbestos liability jury verdict, saying there was ample evidence to support the jury’s finding that a steel and piping company played a role in causing a former manufacturing worker’s mesothelioma. Among the evidence was the testimony of an expert witness who testified to the levels of asbestos and its effects. The witness said that if a worker sees asbestos dust, that is a “massive exposure capable of causing disease.” It was also noted that there was enough evidence to support the belief that asbestos in the products supplied was a substantial factor in causing or contributing to the worker’s injuries.
In March 2015, a New York state jury awarded the former worker $4 million based on evidence that the steel and piping company supplied the tool manufacturing company (where he worked as an internal grinder) with asbestos. The company was found 30 percent responsible for the worker’s injuries, which included developing pleural mesothelioma and lung cancer.
The worker (plaintiff) claimed that he was exposed to asbestos from asbestos bags and boards that the steel and piping company (defendant) supplied to the tool manufacturer for the plant’s heat-treatment process. The plaintiff also filed suits against a number of other companies in 2014, including one of the world's largest manufacturers of construction and mining equipment. In this particular suit, the plaintiff claimed that he was exposed to asbestos in brakes and other vehicle parts supplied by the manufacturer. Mid-way through the trial, the manufacturer settled in a confidential deal.
The $4 million asbestos verdict that was upheld included $1 million for damages and $3 million for future pain and suffering. The defendant, who appealed the $3 million portion of the verdict, must now pay the plaintiff $4 million. The decision to uphold the verdict is an important one, not only for the plaintiff, but also for all asbestos victims who face an uphill legal and medical battle.
"Legal News & Analysis on Litigation, Policy, Deals." Law360, a LexisNexis Company. Portfolio Media, Inc., May 2017. Web. 06 June 2017.
Supreme Court Appellate Division, Fourth Department. Supreme Court of the State of New York, 28 Apr. 2017. Web. 06 June 2017.