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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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