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Phone: 845.294.2002

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Newsday: June 22, 2002
$19 Million Awarded In
Asbestos Case

Every year, thousands of people die from mesothelioma, a cancer of the cells that make up the lining around the outside of the lungs and inside of the ribs (pleura), or around the abdominal organs (peritoneum). The only known cause of mesothelioma in the United States is previous exposure to asbestos fibers.

On June 1, 2002, two victims of the disease obtained verdicts totaling $19.5 million from a New York County jury.

Mr. John Matteson, 75 years old, claimed exposure to asbestos-containing cable manufactured by the Okonite Company and cable tube packing manufactured by John Crane, Inc., while working as an apprentice electrician at the Brooklyn Navy Yard from 1943-1944. He was diagnosed with mesothelioma in 2001. Mr. Matteson was awarded a total of $13 million ($5 million for his past pain and suffering and $8 million for future pain and suffering) against The Okonite Company (found 55% responsible) and John Crane Inc. (found 45% responsible).

Mr. John Lustenring, died at the age of 77 years old from effects of malignant mesothelioma. Mr. Lustenring, a life long employee at the Pfizer manufacturing plant in Brooklyn New York, worked as a maintenance mechanic where he would be responsible for maintaining and repairing pumps and other equipment used at the facility. In performing his duties, Mr. Lustenring would be required to regularly work with asbestos-containing gaskets, including those manufactured by John Crane, Inc. Mr. Lustenring was awarded $5 million for his past pain and suffering and his spouse was awarded $1.5 million for her loss of consortium and services. John Crane, Inc. was found to be 100% responsible for the award.

Mr. Matteson and Mr. Lustenring were represented by Robert I. Komitor and Jerome Block from the New York City law firm of Levy, Phillips & Konigsberg, LLP.

The Appellate Division First Department, recently upheld a judgment on behalf of two LPK clients in the amount of $7,672,922.65 against John Crane, Inc, a maker of asbestos-containing gaskets and packing. The Appellate Court held for the first time that expert testimony was not required to assess the amount of dust in the air in order to make a finding that exposures to John Crane asbestos containing products caused mesothelioma. Instead, the plaintiff's' testimony about seeing dust in the air from the use of such products was found to be sufficient.

The Appellate Division First Department, recently upheld a judgment on behalf of two LPK clients in the amount of $7,672,922.65 against John Crane, Inc, a maker of asbestos-containing gaskets and packing. The Appellate Court held for the first time that expert testimony was not required to assess the amount of dust in the air in order to make a finding that exposures to John Crane asbestos containing products caused mesothelioma. Instead, the plaintiff's' testimony about seeing dust in the air from the use of such products was found to be sufficient.

Levy_Phillips_&_Konigsberg,_LLP is a nationally recognized trial, litigation and appellate firm well known for its leading role in the field of mass tort and product liability litigation and in developing and handling personal injury and discrimination actions for thousands of individual workers and consumers.

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