New York Supreme Court upholds mesothelioma award

15 May 2017 by Sarah Mahan under Legal

Lady justice Dublin L 100x100 New York Supreme Court upholds mesothelioma awardThe Supreme Court of the State of New York has rejected the two-year appeal of a victim’s jury award. Nicholas Dominick will finally receive $3 million the jury awarded him for future pain and suffering from Pacemaker Steel & Piping Co. for their contribution to Dominick’s mesothelioma, according to LawyersandSettlements.com.

, a deadly cancer caused by exposure to asbestos, is usually contracted through occupational exposure. Dominick contends he was exposed as an employee of Chicago Pneumatic and later as an employee of the New York State Department of Transportation. Pacemaker, the defendant who appealed the jury award (other defendants settled), supplied bags and boards containing asbestos to Chicago Pneumatic during Dominick’s time there.

The jury awarded Dominick $4 million. Pacemaker et al were assessed 30 percent liability for Dominick’s asbestos cancer, according to the news source, and appealed the $3 million portion assessed to them for his future pain and suffering.

The state supreme court found enough evidence existed to uphold the original lower court award. “Asbestos in products supplied was a substantial factor in causing or contributing to plaintiff’s injuries,” the appellate panel said. “Plaintiff testified that he was exposed to asbestos dust from asbestos boards and cement supplied by the Millar defendants that were used in the heat treat area of a pneumatic-tool making plant.”

Asbestos has a decades-long latency period, so symptoms of the deadly cancer can occur years after initial exposure to an asbestos-containing product. However, after a mesothelioma diagnosis, patients rarely live a year and a half.

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