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$________ Product Liability – Asbestos – Man sues for exposure to asbestos at tool manufacturing plant – Mesothelioma

Oneida County, NY

In this asbestos action, a man suffering from mesothelioma accused a supplier of asbestos-containing products of negligence, resulting in his cancer. The matter was decided by an Oneida County jury.

Between ________ and ________, the plaintiff, Nicholas D., worked as an internal grinder at the Chicago Pneumatic tool manufacturing plant in Utica, New York. The plaintiff was diagnosed with pleural mesothelioma, an aggressive and deadly form of cancer, which results from breathing in asbestos fibers that become lodged in the thin membrane that lines and encases the lungs. The plaintiff asserted that his pleural mesothelioma and lung cancer were a result of his exposure to bags of asbestos and asbestos boards supplied by the defendant, Pacemaker/Charles Millar, to Chicago Pneumatic, which were used in the plant’s annealing process.

The plaintiff filed suit in the Supreme Court of New York, County of Oneida, naming as defendant, Pacemaker Steel & Piping Company, as successor-in-interest to Charles Millar Supply Company. The plaintiff accused defendants of negligence through failure to warn plaintiff of the dangers of asbestos associated with the products it supplied. The plaintiff sought recovery of damages for pain and suffering.

At trial, the plaintiff presented evidence from a series of experts regarding the use of asbestos in heat treatment annealing processes, the causation of his mesothelioma and lung cancer, as well as evidence relating to the dangers of asbestos, and testimony about the cancer’s impact on his life.The jury returned a finding for the plaintiff, including $________ for past pain and suffering, and $________ for future pain and suffering.

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