Belluck & Fox’s Mesothelioma and Construction Lawsuits Among Top New York Verdicts of 2011

Two Belluck & Fox, LLP, mesothelioma verdicts are among the Top New York Verdicts of 2011, according to recent results from Verdict Search.

The $32 million verdict obtained in the case of Dummit v. A.W. Chesterton (No. 190196/10) placed No. 4 on the list. The $19.5 million verdict in the case of Konstantin v. 630 Third Avenue Associates (No. 190134/10) placed No. 10 overall and first in the construction category.

The firm secured both verdicts in August 2011 in New York Supreme Court. Judge Joan Madden presided over both cases.

Founding partner and veteran New York mesothelioma attorney Jordan Fox led the Belluck & Fox legal team. Senior litigator James Long, partner Brian Belasky and associates Seth Dymond and William Papain assisted him over the course of the two nine-week trials.

“These verdicts represent a measure of justice for the mesothelioma victims and their families who suffered needlessly because asbestos continued to be used long after its dangers were recognized,” Fox said. “Our clients and their families, as always, motivated us.”

Mesothelioma is a cancer of the lining of the chest and abdomen caused by 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.

Mesothelioma victims typically show disease symptoms years or even decades after exposure to asbestos in an industrial or manufacturing workplace. The disease is eventually fatal, but aggressive therapy may prolong the lives of patients who are diagnosed early.

In Dummit, a jury found Crane Co. and Elliott Turbomachinery Co. responsible for the asbestos exposure that led to a U.S. Navy veteran’s diagnosis of pleural mesothelioma. Mr. Dummitt had worked in the boiler and fire rooms aboard seven U.S. Navy ships between 1960 and 1977. He claimed that he was exposed to asbestos from his work repairing valves.

In returning its verdict, the jury determined that Crane and Elliott acted with a 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.

In Konstantin, the jury found Tishman Liquidating Corporation, formerly known as Tishman Realty and Construction Co., responsible for Mr. Konstantin developing mesothelioma of the tunica vaginalis, one of the rarest forms of cancer in the world. Like all cases of mesothelioma, this form of the disease is not curable.

Mr. Konstantin claimed that he was exposed to asbestos during the construction of a high-rise building in Manhattan. During a period between 1976 and 1977, he claimed, he had inhaled asbestos that was released from joint-sealing compounds that his co-workers were using.

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.

Both Mr. Dummit and Mr. Konstantin were diagnosed with mesothelioma in 2010.

Verdict Search is a legal research database of verdicts and settlements from across the U.S. The database is often used as a reference for publications such as The New York Times and The National Law Journal.