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ARTICLE ID 194437

$________ – Asbestos – Wrongful Death – Widow of bus driver killed by asbestos exposure wins – Death of Lewis Nash

Onondaga County Superior Court

In this action, a bus company was accused of exposing its driver to asbestos, resulting in his fatal cancer. The matter was resolved via jury against the bus company.

The defendant, Navistar, formerly known as International Harvester, sold school buses to Fayetteville-Manlius. Those buses made use of brakes, gaskets, and clutches that contained asbestos. Since the 1950s, the decedent, Lewis N., worked as a bus driver in the area of Manlius, New York. The decedent regularly clocked in for his routes, submitting work orders, or holding conversations with the mechanics. Through his presence in this garage, the decedent was exposed to asbestos released by the work performed on asbestos-containing bus parts. The decedent was ultimately diagnosed with mesothelioma, the disease from which he perished on September 20, ________, at the age of 81.

The widow of the deceased filed suit in the Superior Court of Onondaga County, New York. The plaintiff sought recovery of wrongful death damages from manufacturers of asbestos-related products for the asbestos-related mesothelioma that cost her husband his life.

At the time of trial, only suit against Navistar remained unresolved. Trial included testimony from both plaintiff’s family and expert witnesses, asserting that the defendant had negligently allowed the driver to be exposed to a known carcinogenic substance (asbestos).After two weeks of trial, the jury found the defendant Navistar liable for Mr. N’s death. The jury awarded the plaintiff $________ in damages. The verdict includes $________ for conscious pain and suffering for the decedent, and $________ for emotional pain and suffering for the decedent. The plaintiff widow was awarded $________ for loss of consortium, $________ in wrongful death damages for the period from decedent’s death to the date of verdict, and an additional $________ in future wrongful death damages.

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