Appellate Court Upholds Verdict and Damages in Asbestos Exposure Case

In a recent decision, the New York Appellate Division, Fourth Department unanimously affirmed a verdict obtained by a Belluck & Fox client against defendant Hedman Resources Limited, a company that mined a mineral fiber containing significant quantities of asbestos. The decision upholds the award of substantial monetary damages.

In the 1970s, while briefly employed by a plastics manufacturer, the plaintiff was regularly exposed to asbestos from the mineral fiber supplied to the plant by Hedman. The plaintiff alleged that Hedman failed to warn him about the dangers of its asbestos-containing product, and the jury agreed, awarding the plaintiff damages. Hedman appealed the verdict, contending that the employer’s inactions should have absolved it of liability.

The Appellate Division’s decision highlights that, under New York law, product manufacturers have an affirmative duty to warn about the hazards of their products and cannot simply assume that a plaintiff’s employer will take action to protect an employee from the latent dangers associated with the manufacturer’s product.

Seth Dymond successfully argued the appeal on behalf of Belluck & Fox. This win continues the firm’s unparalleled success in upholding every liability verdict obtained on behalf of a client in its 24-year history.