Belluck & Fox Leads Winning Defense Against Liberty Mutual’s Attempt to Stop Fully Compensating Victims of Asbestos Exposure
On June 17, 2021, New York County Supreme Court Judge, Hon. Arthur F. Engoron, delivered a decision in Liberty Mut. Ins. Co. v. Jenkins Bros., et al., Index No. 651980/2018 (New York County) that is sure to be applauded by injured tort victims across New York state.
The case involves Jenkins Bros., a former manufacturer of industrial valves containing various asbestos components which were widely used throughout the world. In the 1980s, the company fell on hard times, entered Chapter 7 liquidation, and was for all intents and purposes defunct by 1989. The State of New Jersey, its state of incorporation, administratively dissolved the company in 2004 for failure to pay taxes.
By the early 2010s, Jenkins Bros. was named as a defendant in numerous lawsuits brought by Belluck & Fox, LLP on behalf of victims of asbestos, who sought to serve Jenkins Bros. by way of substituted service directly on the defendant’s longtime liability insurer, Liberty Mutual Insurance Company. Liberty Mutual intervened in the action and attempted to argue that because Jenkins Bros. was dissolved, it could no longer be sued. The trial court, however, disagreed with Liberty Mutual and accepted Belluck & Fox’s position, on behalf of its clients, that Liberty Mutual was the real party-in-interest. Liberty Mutual was intent on appealing, but the Appellate Division, First Department also rejected Liberty Mutual’s contentions, finding that the New Jersey dissolution statute permitted Jenkins Bros. to be sued in perpetuity.
Moreover, the First Department affirmed the trial court’s reasoning that Liberty Mutual, as Jenkins Bros.’ liability insurer, was the “real party-in-interest.” Germain v. A.O. Smith Water Prod. Co., 41 Misc. 3d 1228(A) (Sup. Ct. 2013), aff’d sub nom. In re New York City Asbestos Litig., 116 A.D.3d 571, 984 N.Y.S.2d 335 (1st Dept. 2014). Liberty Mutual then asked New York’s highest court to review the case, but that request, which was opposed by Belluck & Fox, was denied.
For several years thereafter, Liberty Mutual controlled the defense of Jenkins Bros. in these asbestos lawsuits and paid numerous settlements out of its policies. These settlements were always fully funded by Liberty Mutual.
In 2014, however, Liberty Mutual entered into a series of complicated transactions with Berkshire Hathaway in order to get Liberty Mutual’s legacy asbestos liabilities off its books. In particular, Liberty Mutual entered into “retroactive reinsurance treaties” with National Indemnity Company (“NICO”), a Berkshire Hathaway entity.
As part of this arrangement, Liberty Mutual paid a multi-billion dollar “premium” to NICO in exchange for NICO reinsuring its asbestos and other “long-tail” insurance liabilities while another Berkshire Hathaway entity, Resolute Management, Inc. (“Resolute”) took over the handling of Liberty Mutual’s asbestos claims. In this type of transaction, the reinsuring entity “covers its bet” by reinvesting the premium it receives and by limiting or delaying payments to injured tort victims.
Sure enough, after taking over from Liberty Mutual, Resolute took steps to avoid Liberty Mutual’s obligation to indemnify Jenkins Bros. for settlements it had previously agreed to, and to which New York courts had already concluded that Liberty Mutual was the real party-in-interest. Specifically, Liberty Mutual stopped paying the full amount of each settlement its appointed attorneys entered into with injured tort victims. Resolute reasoned that Jenkins Bros. itself—despite being defunct— should have to pay a share of these settlements, which it referred to as an “orphan share.” And since Jenkins Bros. has no non-insurance assets, practically speaking, this would have required injured tort victims to receive only a percentage of the settlements they had reached with the attorneys Liberty Mutual had appointed to represent Jenkins Bros. Resolute took this position despite there being no change in the law or the facts of any particular case; it was simply an internal decision to change course and no longer pay tort victims the amounts agreed upon in settlement.
In 2018, Liberty Mutual even went so far as to sue Jenkins Bros. (the defunct company it controlled) and several individual injured tort victims who either were terminally ill or already deceased, seeking judicial approval of this newly-derived “orphan share” practice. Although many different law firms representing asbestos victims were involved, the defense of this action was spearheaded by Belluck & Fox.
In reaching a decision on summary judgment motions, Judge Engoron correctly rejected Liberty Mutual’s arguments regarding “orphan shares.” In particular, the Court found that Liberty Mutual was estopped from paying less than the full amount of the settlements Liberty Mutual itself negotiated with the injured tort victims. The court also rightly pointed out that the legal and policy underpinnings of Resolute’s “orphan share” theory, i.e. that the policyholder should have to bear the consequences of its “decision” to “self-insure,” only applied to legal disputes between policyholders and insurance companies, not insurance companies and tort victims. Therefore, as the “real party-in-interest,” Liberty Mutual was required to fund 100% of the settlements it had reached with the tort victims it had sued.
Belluck & Fox Wins Personal Injury Settlement for Unmarked Glass Wall
Belluck & Fox, LLP Secures $4.4 Million Settlement for Mechanic Exposed to Asbestos
Belluck & Fox, LLP recently secured $4.4 million for a client who worked at Northeast Metal Fabricators, Northeast Mechanical, Lowell Sheet Metal, Burlington Mechanical, and Chelmsford Air. The client began his apprenticeship after graduating high school in 1981 and became a mechanic in 1984. He regularly installed boilers, removed furnaces, performed duct work and worked as an HVAC technician. The client was diagnosed with malignant pleural mesothelioma in 2018. Attorney Joe Belluck was able to secure him the $4.4 million settlement.
Belluck & Fox $3.2 Million Verdict for Veteran Exposed to Asbestos Withstands Post-Trial Challenges
Just over a year ago, attorneys from Belluck & Fox, LLP, a New York Mesothelioma Law Firm, won a $3.2 million lawsuit for a U.S. Navy machinist mate who died from mesothelioma after being exposed to asbestos from products used in connection with Jenkins Bros. valves.
Jenkins Bros. challenged the verdict and fought the ruling, however, last month a NY supreme court judge rejected the defendant’s challenges and the award stands.
Read about the initial ruling in a May 24, 2016 press release.
During the initial case, Belluck & Fox, LLP attorneys argued that when Scott Shays was 17-years-old he served as a Machinist Mate Fireman Apprentice on the USS Plymouth Rock, LSD 29.
During that time, from April – December 1976, he was exposed to asbestos from gaskets, packing, and external insulation used in connection with Jenkins Bros. valves. Decades later, at 55-years-old, Shays was diagnosed with pleural mesothelioma. He succumbed to the disease on April 20, 2016.
The $3.2 million award was for past “pain and suffering including the loss of the pleasures of life,” finding Jenkins 50% liable for acting with a reckless disregard for the safety of others. This case was the first verdict directly against Jenkins Bros. in an asbestos-related case.
According to a June 1 article from Harris Martin Publishing, after the verdict, Jenkins Bros. attorneys “asked the court to set aside the jury’s verdict and to have the court order a new trial on the issue of liability and recklessness,” claiming the jury instruction for ‘recklessness’ was faulty. In the ruling on May 12, the court noted that the defense did not raise any issue related to this during the trial.
Other issues raised by the defense were also rejected by the court, including the defense’s evidentiary challenges where the court said, “The Court once again adheres to its ruling at the time of trial. The defendant’s motion on this ground is denied in its entirety.”
“The court notes that even if some evidentiary rulings were in error, said error, if any was not so egregious as to mandate the setting aside of the jury’s verdict,” according to the Harris Martin article.
Expert Insight
NY Supreme Court
“The Court finds that substantial justice was achieved in this trial.”
“Our law firm, Belluck and Fox, is dedicated to representing mesothelioma victims across New York State and across the Country, ” Mr. Belluck said after the initial verdict. “We are especially proud to represent veterans such as Scott Shays. He was an American hero and served his country honorably. ”
The plaintiffs were represented by partners Joseph Belluck and Seth Dymond, and associate attorneys Brittany Russell and Rachel Lanier, all of Belluck & Fox.
In May, Belluck & Fox, LLP won an appeal upholding a $4 million asbestos lawsuit.
About Belluck & Fox, LLP
The mesothelioma law firm of Belluck & Fox, LLP represents victims of mesothelioma and other asbestos-related diseases, as well as individuals with claims related to other mass torts, motorcycle crashes, lead paint and other serious injuries. The firm’s attorneys have won more than $1 billion in compensation for clients and their families.
The firm’s headquarters is located at 546 Fifth Avenue, Fifth Floor, New York, NY 10036 (local phone 212-681-1575). The firm also features New York offices in Albany, Rochester and Woodstock. For more information, contact the firm through its online form or call 212-681-1575 (518-621-2699).
Another Success Story:
Belluck & Fox Wins Another Appeals Court Ruling
Belluck & Fox Wins Another Appeals Court Ruling
NEW YORK, NY, May 2, 2017 – New York Mesothelioma law firm Belluck & Fox, LLP is proud to announce that it has won an appeal on behalf of its clients Nicholas and Lorraine Dominick regarding Mr. Dominick’s development of mesothelioma, affirming the jury verdict against defendant Charles Millar & Son, and its successor in interest, Pacemaker Steel & Piping Co.
This decision again shows that Belluck & Fox, LLP is a top-rated mesothelioma law firm in New York and across the country. Belluck & Fox, LLP has the lawyers and resources to take cases all the way to verdict and to defend those verdicts on appeal
Nicholas Dominick worked as an internal grinder at the Chicago Pneumatic tool manufacturing plant from 1968 to 1973. During the course of his employment, he was exposed to asbestos from products supplied by Pacemaker’s predecessor to the plant.
In 2015, a jury concluded that Pacemaker was 30% liable for causing Mr. Dominick’s mesothelioma. The jury awarded the Dominicks a total of $4 million dollars: $1 million for past pain and suffering, and $3 million for future pain and suffering in Dominick, et al. v. A.O. Smith Water Products Co., et al., No. CA2014-000232 (N.Y. Sup. Ct., Oneida Cty.).
In March 2016, Pacemaker asked the trial judge, the Honorable Charles C. Merrell of the New York Supreme Court, to overturn the jury verdict and dismiss the case. Belluck & Fox successfully defeated that motion, and Charles Millar appealed.
On April 28th, 2017, the Appellate Division, Fourth Judicial Department, affirmed the jury verdict against Pacemaker in all respects. This ruling is not only a victory for the Dominicks, but it is also a substantial victory for asbestos victims everywhere who are seeking relief and damages for their illnesses.
In its ruling, the Appellate Court again substantively rejected each claim that Pacemaker offered, most importantly with regards to specific causation and monetary damages. The Court concluded that “Contrary to the Millar defendants’ contention, the expert’s opinion, considered along with the rest of her testimony, was sufficient to establish specific causation.” This ruling helps to confirm that the theory of causation advanced by the experts called on behalf of asbestos victims is valid under New York law.
The Court also refused to reduce the award of future damages for pain and suffering, concluding that $3 million for one year of future pain and suffering was reasonable.
Partner Seth Dymond of Belluck & Fox, LLP represented the plaintiff-respondents in this action. George F. Carpinello of Boies, Schiller & Flexner LLP represented the defendants.
About Belluck & Fox, LLP
The New York City mesothelioma law firm of Belluck & Fox, LLP represents victims of mesothelioma and other asbestos-related diseases, as well as individuals with claims related to other mass torts, motorcycle crashes, lead paint and other serious injuries. The firm’s attorneys have won more than $1 billion in compensation for clients and their families.
The firm’s headquarters is located at 546 Fifth Avenue, Fifth Floor, New York, NY 10036 (local phone 212-681-1575). The firm also features New York offices in Albany, Rochester and Woodstock. For more information, contact the firm through its online form or call 212-681-1575 (518-621-2699).
Another Success Story:
New York Mesothelioma Law Firm Of Belluck Fox Wins 19 5 Million Verdict
New York Mesothelioma Law Firm Belluck Fox Wins 4 Million Verdict For Plant Worker Exposed To Asbestos
In the largest asbestos verdict in Oneida County, New York, and the largest asbestos verdict Statewide against a distributor, a jury has determined that Pacemaker Steel & Piping Company, as successor-in-interest to Charles Millar Supply Company was responsible for a plant worker’s development of mesothelioma and lung cancer due to his exposure to asbestos.
New York, New York (PRWEB) March 20, 2015— A plant worker who developed both mesothelioma and lung cancer after being exposed to asbestos products has won a $4 million verdict against the company who supplied those products, the nationally recognized New York law firm of Belluck & Fox, LLP announced today.
After a trial before the Honorable Charles C. Merrell, the jury returned its verdict on March 18 in the Supreme Court of New York, County of Oneida, in the case of Nicholas Dominick and Lorraine J. Dominick v. A.O. Smith Water Products, et al. (No. CA2014-000232).
The jury awarded the Dominick family $1 million for past pain and suffering and $3 million for future pain and suffering, assessing 30% of the fault to Pacemaker.
“Mr. Dominick has suffered tremendous pain as a result of Pacemaker/Charles Millar’s negligence. His sickness could have, and should have been prevented. I’m grateful that the jury was able to deliver justice for him and his wonderful family,” said Brittany Russell, an associate attorney at Belluck & Fox who tried the case along with partner Bryan Belasky on behalf of the Dominick family.
Partners Joe Belluck and Seth Dymond provided assistance to the trial team. “Our law firm, Belluck & Fox, LLP, is dedicated to representing mesothelioma victims across New York State. We are honored that the Dominick family allowed us to represent them and proud that we obtained the largest verdict ever in an asbestos case in Oneida County. Once again, this shows that the jury system in New York works,” Belluck said.
Between 1968 and 1973, Mr. Dominick worked as an internal grinder at the Chicago Pneumatic tool manufacturing plant in Utica, New York. The jury determined that Mr. Dominick developed pleural mesothelioma and lung cancer as a result of his exposure to bags of asbestos and asbestos boards supplied by Pacemaker/Charles Millar to Chicago Pneumatic, which were used in the plant’s annealing process. The jury found that Pacemaker/Charles Millar was negligent in failing to warn Mr. Dominick about the dangers of asbestos associated with the products it supplied. The case is significant in New York asbestos litigation, as it is the largest verdict ever levied against a distributor of asbestos products, and the largest asbestos verdict of any nature obtained in Oneida County.
Asbestos is a mineral that has been linked to lung cancer and 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.
At trial, lawyers from Belluck & Fox, LLP presented evidence from a series of experts regarding the use of asbestos in heat treatment annealing processes, the causation of Mr. Dominick’s mesothelioma and lung cancer, the state-of-the-art evidence relating to the dangers of asbestos, and testimony about the cancers’ impact on Mr. Dominick. Testifying on behalf of the plaintiffs were experts Dr. Jacqueline Moline, Dr. David Rosner, and Dr. Uriel Oko.
Defendant Pacemaker/Charles Millar was represented by Robert Cahalan of Smith, Sovik, Kendrick & Sugnet, P.C, and called expert Dr. Frederick Schmidt to testify on its behalf.
About Belluck & Fox, LLP
Belluck & Fox, LLP is a nationally recognized law firm that represents individuals with asbestos and mesothelioma claims, as well as victims of crime, motorcycle crashes, lead paint and other serious injuries. The firm provides personalized and professional representation and has won over $650 million in compensation for clients and their families. The firm has been named one of the top law firms in America by U.S. News & World Report every year since 2011.
Partner Joseph W. Belluck is AV-rated by Martindale-Hubbell and is listed in Best Lawyers in America, New York Magazine’s “Best Lawyers in the New York Area” and in Super Lawyers. Mr. Belluck has won numerous cases involving injuries from asbestos, defective medical products, tobacco and lead paint, including a recent asbestos case that settled for more than $12 million.
Partner Jordan Fox is an award-winning, nationally-recognized asbestos attorney. In 2013 he was named “Lawyer of the Year” for the New York Metro area by Best Lawyers in America after securing $32 million and $19.5 million verdicts in two separate asbestos cases. He is regularly listed in the annual Best Lawyers in America list and has also appeared in Super Lawyers. A number of his verdicts have been featured among the National Law Journal’s Largest Verdicts of the Year.
For more information, contact the firm at (518) 621-2699 or through the online contact form.
If you think you are one of the victims, seek help from our reliable asbestos lawyers at Belluck & Fox. We also have locations at Albany, Rochester, and Woodstock.
New York Mesothelioma Law Firm Belluck & Fox Wins $22 Million Verdict for Part-Time Construction Worker Exposed to Asbestos
A part-time construction worker who developed mesothelioma after being exposed to asbestos has won a $22 million verdict against Burnham LLC, manufacturer of the boilers primarily responsible for his disease, New York law firm of Belluck & Fox, LLP announced today.
This was the second Belluck & Fox, LLP verdict against Burnham this month. Two weeks ago, the firm’s founding partner Jordan Fox obtained a $6.25 million verdict against Burnham in Sandra Geritano, as Executrix of the Estate of Vincent Geritano v. A.O. Smith Water Products, et al. (No. 190374/2014).
Along with another recent verdict in Schenectady County, Belluck and Fox, LLP has obtained over $30 million dollars in verdicts on behalf of asbestos victims in New York in the last month alone.
In a trial before the Honorable Martin Shulman, the jury returned its verdict on June 24th in the Supreme Court of New York, County of New York, in the case of Frank Gondar v. A.O. Smith Water Products, et al. (No. 190079/2015).
The jury awarded Mr. Gondar $12 million for past pain and suffering and $10 million for future pain and suffering. The jury found Burnham liable because it failed to “exercise reasonable care by not providing an adequate warning” about the hazards of asbestos associated with its boilers, and its failure to warn was a “substantial contributing factor” in causing Mr. Gondar’s mesothelioma.
The jury found that Burnham was 25% at fault, with the remaining fault apportioned among various boiler manufacturers, joint compound manufacturers, floor tile manufacturers, and retail stores. But the jury also found that Burnham acted “with reckless disregard for the safety of others,” which under New York law means that Burnham is responsible for the entire verdict, less settlements received by the Plaintiff.
Frank Gondar is a veteran of the US Army, a former member of the New York Police Department, and a retired high school teacher. From 1953 to 1973 he also operated a part-time construction business, Gondar Contracting, in Staten Island, New York where he performed a variety of renovation activities in residential basements, including drywall and floor tile installation.
During these years, Mr. Gondar was regularly exposed to extensive levels of asbestos-laden dust from external insulation on boilers manufactured by Burnham, and others, when they were removed from residential basements by other workers in close proximity to Mr. Gondar.
“Frank Gondar has suffered greatly because of Burnham’s reckless behavior. We’re thankful that the jury has held them responsible for their actions, and we’re hopeful that the jury’s verdict provides some measure of justice and comfort to the Gondar family,” said James Long, senior litigator at Belluck & Fox, LLP, who led the firm’s trial team during the trial.
In addition to Mr. Long, the Belluck & Fox, LLP trial team included partners Bryan Belasky and Seth Dymond, as well as associates John Ryan, Michael Macrides, and Rachel Lanier.
“We are proud to represent victims of asbestos exposure in New York State and throughout the country, ” said Mr. Belasky. “Working families such as Mr. Gondar’s have too often had their lives cut short because of irresponsible companies pursuing profits over safety, and we are honored to win justice for them.”
Asbestos is a mineral that has been linked to lung cancer and 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.
At trial, lawyers from Belluck & Fox, LLP presented evidence from a series of experts on the use of asbestos on and within Burnham boilers, the causation of Mr. Gondar’s mesothelioma, the state-of-the-art evidence relating to the dangers of asbestos, and testimony about the cancer’s impact on Mr. Gondar’s life.
Burnham was represented by Tom Radcliffe from Dehay & Elliston, LLP and Nancy McDonald from McElroy Duetsch Mulvaney & Carpenter, LLC.
Belluck & Fox, LLP was founded in 2002 and has been advocating for mesothelioma patients for over 12 years. The attorneys at Belluck & Fox help injured people recover damages resulting from asbestos, unsafe products, mesothelioma, toxic chemicals, construction accidents and serious injuries.
Belluck & Fox, LLP is listed as one of America’s best law firms by U.S. News & World Report and a number of their attorneys appear in Best Lawyers magazine.
Joseph Belluck has obtained an AV rating from Martindale-Hubbell (the highest ethical rating for lawyers).
Jordan Fox is one of the nation’s top mesothelioma lawyers in the United States and was named “2013 Plaintiff Lawyer of the Year” for the NY metro area by Best Lawyers. He has had two mesothelioma verdicts recognized as among The National Law Journals’ Largest Verdicts of the Year. Belluck & Fox, LLP has secured more than $600 million in claims for their clients.
Belluck & Fox, LLP also have locations at Rochester, Albany and Woodstock.
New York Mesothelioma Law Firm Belluck & Fox Wins $3.2 Million Verdict for Veteran Exposed to Asbestos
New York law firm Belluck & Fox, LLP announced today that a machinist mate who developed and then died from mesothelioma after being exposed to asbestos has won a $3.2 million verdict against Jenkins Bros, manufacturer of the valves which led to his exposure.
After a trial before the Honorable Richard T. Aulisi, the jury returned its verdict on May 18 in the Supreme Court of New York, County of Schenectady, in the case of Scott Shays v. A.O. Smith Water Products, et al. (No. 703/2015). The jury awarded Mr. Shays’ estate $3.2 million for past “pain and suffering including the loss of the pleasures of life.” They found Jenkins 50% liable and that Jenkins acted with a reckless disregard for the safety of others. Fairbanks Co. was a trial defendant in the case as well, but resolved the claims against it directly after closing statements.
It is the first verdict directly against Jenkins Bros. in an asbestos-related case.
Scott Shays was a veteran of the US Navy and the Vermont National Guard. He served in Operation Enduring Freedom in Kuwait in 2005 and received an Army Commendation Medal. Mr. Shays was exposed to asbestos gaskets, packing, and external insulation used in connection with Jenkins valves as a Machinist Mate Fireman Apprentice on the USS Plymouth Rock, LSD 29, from April – December 1976. He was 17 years old at the time. Mr. Shays began experiencing symptoms of pleural mesothelioma at age 55. He died April 20, 2016 at age 57 after five surgical procedures, multiple hospital stays, chemotherapy, radiation, and two months of hospice care. He is survived by his mother, uncle, four children, and eleven grandchildren.
“Scott Shays suffered outrageous pain and mental anguish for more than 19 months before he lost his life at only 57 years old. There is no excuse for Jenkins Bros. reckless conduct. I’m so thankful that the jury held Jenkins Bros. accountable and delivered justice to the Shays family for their horrible loss,” said Brittany Russell, an associate attorney at Belluck & Fox, LLP who tried the case along with associate Rachel Lanier on behalf of the Shays family.
Partners Joe Belluck and Seth Dymond provided assistance to the trial team. “Our law firm, Belluck & Fox, LLP, is dedicated to representing mesothelioma victims across New York State and across the Country, ” Mr. Belluck said. “We are especially proud to represent veterans such as Scott Shays. He was an American hero and served his country honorably. ”
Asbestos is a mineral that has been linked to lung cancer and 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.
At trial, lawyers from Belluck & Fox, LLP presented evidence from a series of experts regarding the use of asbestos in valves and gaskets, the causation of Mr. Stays’ mesothelioma, the state-of-the-art evidence relating to the dangers of asbestos, and testimony about the cancer’s impact on Mr. Shays.
Jenkins Bros was represented by Robert Baum and Kyle Reeves of McGivney & Kluger. Fairbanks Co. was represented by Janna Nuzum and Bruce Bennet, also of McGivney & Kluger.
Belluck & Fox, LLP was founded in 2002 and has been advocating for mesothelioma patients for over 12 years. The attorneys at Belluck & Fox, LLP help injured people recover damages resulting from asbestos, unsafe products, mesothelioma, toxic chemicals, construction accidents and serious injuries. Belluck & Fox, LLP is listed as one of America’s best law firms by U.S. News & World Report and a number of their attorneys appear in Best Lawyers magazine. Joseph Belluck has obtained an AV rating from Martindale-Hubbell (the highest ethical rating for lawyers). Jordan Fox is one of the nation’s top mesothelioma lawyers in the United States and was named “2013 Plaintiff Lawyer of the Year” for the NY metro area by Best Lawyers. He has had two mesothelioma verdicts recognized as among The National Law Journals’ Largest Verdicts of the Year. Belluck & Fox, LLP has secured more than $600 million in claims for their clients.
We have locations at Woodstock, The Capital District, New York and Rochester.
NY Mesothelioma Law Firm of Belluck & Fox, LLP, Secured Third-Highest Asbestos Verdict in the U.S. in 2011
New York, NY September 14, 2012
The New York mesothelioma law firm of Belluck & Fox, LLP, obtained the third-largest verdict in an asbestos-disease lawsuit in the nation in 2011, an annual asbestos litigation publication has reported.
The $51.5 million combined verdict in New York County Supreme Court in the consolidated case of Dummitt v. A.W. Chesterton (No. 190196/10) and Konstantin v. 630 Third Avenue Associates (No. 190134/10) were recognized by the annual Mealey’s Litigation Report: Asbestos, which was released at the end of August.
Every year, Mealey’s compiles, analyzes and reports on verdict information appearing from the previous year. In 2011, Mealey’s compiled 31 asbestos verdicts from 17 courts spread across 12 states and one federal court.
Dummitt involved a U.S. Navy veteran who claimed that he was exposed to asbestos while repairing valves aboard seven U.S. Navy ships between 1960 and 1977. It resulted in a $32 million verdict.
In Konstantin v. 630 Third Avenue Associates (No. 190134/10), the plaintiff claimed to have inhaled asbestos released from joint-sealing compounds while working on the construction of a high-rise building in Manhattan between 1976 and 1977. Belluck and Fox won a $19.5 million verdict in that case.
Founding Belluck & Fox, LLP partner Jordan Fox, a veteran New York mesothelioma attorney, led the legal team that secured the verdicts in August 2011. Senior litigator James Long, partners Brian Belasky and Seth Dymond, and associate William Papain assisted Fox during the two nine-week trials before Judge Joan Madden.
“We are proud that our aggressive representation of our clients in these cases led to justice on their behalf,” Fox said.
Belluck & Fox, LLP represents individuals with mesothelioma and other asbestos-related legal claims. The firm has obtained several multi-million dollar verdicts and settlements for mesothelioma and other asbestos-disease sufferers and their families through personal injury and wrongful death lawsuits.
Mesothelioma is a terminal cancer of the lining of the lungs, chest or abdomen caused by inhaling or swallowing asbestos, a fibrous material that easily breaks down into a fine dust.
Because of its heat- and fire-resistant qualities, asbestos was widely used in hundreds of building products until the 1970s. Mesothelioma symptoms typically manifest many years after the victim’s asbestos exposure.
If you need help with Asbestos-related cases? Our experienced asbestos attorneys at Belluck & Fox, LLP will be happy to help you. We have locations at Albany, Rochester, NYC and Woodstock.
Appellate Court Awards $16M to Widows of Mesothelioma
Last week the New York appellate court ruled in favor of two widows who lost their husbands to mesothelioma after years of on-the-job exposure to asbestos. The women, represented by the nationally recognized New York mesothelioma law firm of Belluck & Fox, LLP will each receive a record-breaking $8 million for the pain and suffering their husbands experienced from the asbestos-caused cancer.
In the first case, Ronald Dummitt, a U.S. Navy veteran, was exposed to asbestos over 28 years while repairing valves aboard seven U.S. Navy ships. The second ruling was in favor of Dave Konstantin who inhaled asbestos released from joint-sealing compounds while working on the construction of a high-rise building in Manhattan between 1974 and 1977.
The rulings were an appeal of the verdicts from a 2011 case where Crane Co. and Elliott Turbomachinery Co. were found responsible for the asbestos exposure that led to Dummitt’s pleural mesothelioma. During the joint trial, the jury also found Tishman Liquidating Corporation, formerly known as Tishman Realty & Construction, Co., Inc., responsible for Konstantin’s testicular mesothelioma.
Pleural mesothelioma is a rare cancer that affects the lining of the chest. Testicular mesothelioma, also known as mesothelioma of the tunica vaginalis, invades the membrane lining that covers the testicle. Less than five percent of mesothelioma cases are testicular mesothelioma.
All forms of mesothelioma are linked to exposure to asbestos, a naturally occurring heat- and fire-resistant fibrous mineral. Asbestos has been used in a variety of industrial machinery and equipment, and in consumer products.
Workers most likely to contract mesothelioma are military veterans or those who had direct contact with asbestos in an industrial setting or a factory, such as pipefitters, electricians, plumbers, foundry workers, machinists and mechanics. Statistics show that about 30 percent of all mesothelioma victims served in the military.
Mesothelioma victims typically show disease symptoms years or even decades after exposure to asbestos. The disease is eventually fatal, but aggressive therapy may prolong the lives of patients who are diagnosed early.
If you have been suffering from asbestos-related diseases, our top ranked asbestos attorneys at Belluck & Fox, LLP can certainly help you. We can meet with you at our law offices located at Rochester and New York City.
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