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ARTICLE ID 194438

$________ – ASBESTOS – MESOTHELIOMA – PRODUCT LIABILITY – FAILURE TO WARN – PLAINTIFF WAS EXPOSED TO ASBESTOS FROM BOILERMAKERS WORKING IN HIS VICINITY WHILE HE WAS WORKING AS A STEAMFITTER

New York County, NY

In this asbestos matter, the plaintiff alleged that the decedent was exposed to asbestos in his capacity as a steamfitter due to the defendant’s failure to warn. The decedent died as a result of mesothelioma. The defendant denied the allegations, and disputed causation, as well as liability and damages.

The 72-year-old decedent was both a Navy shipfitter, and a civilian steamfitter. The plaintiff alleged that the decedent was exposed to asbestos as a result of his work near the defendant’s boilers, which were insulated with asbestos during his time as a steamfitter. The plaintiff worked in close proximity to boilermakers who were removing asbestos insulation from various boilers (many of which were manufactured by the defendant). Following an onset on symptoms in early ________, the decedent was diagnosed with pleural malignant mesothelioma. He endured approximately 30 months of pain and suffering before his death. The plaintiff brought suit against the various defendants, including the defendant boiler manufacturer, alleging theories of negligence, and failure to warn. The plaintiff also alleged that the defendant’s failure to warn constituted a reckless disregard for the safety of the plaintiff. The defendant boiler manufacturer denied liability, and disputed causation and damages.

The matter proceeded to trial as to the remaining defendant on both theories of negligence and recklessness.At the conclusion of the six-week trial, the jury deliberated for approximately two hours, and returned its unanimous verdict in favor of the plaintiff and against the defendant. The jury assessed the defendant’s liability at 30%. The jury awarded the plaintiff the sum of $________ in damages.

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