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  • Home > Blog > Mesothelioma > New York Jury Awards Over $50 million In Damages In Two Asbestos Cases
Posted on Friday, Aug 19, 2011

New York Jury Awards Over $50 million In Damages In Two Asbestos Cases

The New York law firm of Belluck & Fox, LLP, secured separate verdicts totaling $32 million and more than $19 million on August 17 in cases involving individuals who contracted the deadly disease, mesothelioma, after being exposed to asbestos.

In the case of Ronald Dummitt and Doris Kay Dummitt v. A.W. Chesterton, et al. (Supreme Court of New York, New York County, No. 190196/10), a jury found Crane Co. and Elliott Turbomachinery Co. responsible for the asbestos exposure that led to a U.S. Navy boiler tender’s diagnosis of pleural mesothelioma, an incurable form of cancer.

In returning its verdict, the jury determined that Crane and Elliott acted with reckless disregard for the safety of others in failing to warn. The jury apportioned 99 percent responsibility to Crane and 1 percent responsibility to Elliott. The award included $16 million in past pain and suffering and $16 million in future pain and suffering to Mr. Dummitt, who is 68 years old.

In the case of David Konstantin and Ruby Konstantin v. 630 Third Avenue Associates, et al. (Supreme Court of New York, New York County, No. 090134), the jury found Tishman Liquidating Corporation, formerly known as Tishman Realty & Construction, Co., Inc., responsible for Mr. Konstantin developing testicular mesothelioma. Mr Konstantin is 55 years old.

The jury found Tishman 76 percent liable and to have acted with reckless disregard for the safety of others. The jury awarded Mr. Konstantin $7 million for past pain and suffering, and $12 million for future pain and suffering. The verdict amount also included $64,832 for past lost wages, and $485,325 for future lost wages.

Based on the recklessness findings and the relative culpability of these defendants, under New York law, they are jointly and severably liable for the jury verdicts.

Both trials were joined and lasted nine weeks. The Honorable Joan Madden presided over both trials.

Jordan Fox led the Belluck & Fox trial team on each case. Attorneys James Long, Brian Belasky, Seth Dymond and William Papain joined him.