An asbestos liability jury verdict has been upheld by a New York appellate court, which said there is 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 and lung cancer. The testimony of an expert witness, who testified to the levels of asbestos and its effects, was one of the most compelling pieces of evidence in the case. 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 causing the worker’s injuries. The worker (plaintiff) claimed that he was exposed to asbestos from asbestos boards and bags that the steel and piping company (defendant) supplied to the tool manufacturer for the plant’s heat-treatment process.
The upheld $4 million asbestos verdict 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 a significant one, not only for the plaintiff, but also for all asbestos victims who face an uphill legal and medical battle.
Sources
"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.
