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$________ Asbestos – Plaintiff insulation remover dies mid-suit from career dust and fiber exposure – Fatal mesothelioma.

Supreme Court, New York County Division

In this matter a Croatia-born union insulator perished from mesothelioma. His case was handled along with half a dozen others in a consolidated trial, with only his finding and one defendant taken to verdict.

The plaintiff (and later decedent) Ivo P., a member of Local 12 Heat and Frost Insulators, removed asbestos from the week he moved his family to New York from Croatia in ________ until he stopped doing asbestos removal work in ________. The plaintiff was later diagnosed with mesothelioma, a rare and aggressive cancer that attacks the sac that lines the lungs and other internal organs.

The plaintiff filed suit in the New York Supreme Court’s New York County division for product liability and wrongful death. The plaintiffs sought relief from defendants, including Crane Corporation, involved in the manufacture and use of asbestos and asbestos-containing products for failure to warn and take appropriate safety measures to prevent exposure to toxic asbestos fibers. The plaintiff Ivo P. perished of that disease during litigation on December 28, ________. He is survived by his wife and three daughters, who continued the suit on behalf of his estate. The decedent’s case was consolidated for trial along with those of seven other plaintiffs against a number of corporate defendants.

The plaintiff asserted at trial that Ivo P.’s mesothelioma was caused by the inhalation of asbestos dust stirred up while he stripped asbestos insulation from equipment on his job site, equipment which, the deceased’s deposition asserted, was devoid of any warnings about the dangers of asbestos. The plaintiff’s widow and one of his three surviving daughters testified at trial to the decedent’s pain and suffering. The plaintiff argued that Ivo P.’s condition was preventable, had the defendants taken proper precautions. Crane Corporation admitted at trial to having knowledge about the dangers of asbestos that dates to the 1930s. Crane Corporation argued that other companies and even Ivo P. himself were responsible for his exposure to asbestos.By the time the jury began deliberations, the other plaintiffs and defendants had resolved their cases. Only the plaintiff estate of Ivo P. and his claim against Crane Corporation remained. The jury found Crane Corporation to be 15% liable for the verdict.

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