Asbestos Worker Widow Awarded $8M Mesothelioma Lawsuit Settlement
By Andrea Gressman
The widow of an asbestos worker who died from mesothelioma has been awarded $8 million – one of the largest sustained asbestos settlements in New York litigation. The New York Supreme Court upheld the liability verdict, rejecting post-verdict motions to throw out the asbestos mesothelioma settlement reached by a lower court in 2011 and opting instead to reduce it from $32 million to $8 million.
In 2011, New York courts found that Crane Co. was liable for the asbestos exposure of Ronald Dummitt, the deceased plaintiff in the case Ronald Dummitt and Doris Kay Dummitt vs. A.W. Chesterton, et al. Dummitt was a U.S. Navy veteran who died of mesothelioma. According to the asbestos lawsuit, Dummitt’s mesothelioma was a result of exposure to asbestos in Crane Co.’s materials.
The original verdict found Crane Co. 99 percent responsible for Dummitt’s asbestos exposure. The company was ruled to have been reckless, and an asbestos mesothelioma settlement was awarded to his widow for $32 million. At the time, it was one of the largest asbestos settlements ever awarded and it was the largest product liability damages award in New York State in 2011. In response, Crane Co. appealed the verdict.
The company’s appeal to the New York Supreme Court included multiple post-verdict motions. There was a request for a new trial, for the verdict to be overturned, and for the cash award to be discarded. The company denied that it had a responsibility to warn of possible asbestos exposure from its products and that it was further shielded from liability in any mesothelioma lawsuit by virtue of having been a government defense contractor at the time Dummitt was exposed.
Dummitt Mesothelioma Lawsuit Ruling Details
In the most recent arguments, New York Supreme Court Justice Joan Madden upheld most aspects of the original case award and rejected most of Crane Co.’s post-verdict motions. The details of the decision ran to 44 pages.
With regard to the company’s duty to warn, Judge Madden upheld the previous court’s ruling of liability. Crane Co. had argued that its status as a government contractor exempted it from a responsibility to warn workers such as Dummitt of the possibility for exposure to asbestos and the subsequent health concerns. Judge Madden rejected that argument, stating that the company had not met the burden of proof necessary to establish itself as a government contractor to use that defense. As a result, the company was liable for intentionally disregarding the health risks of asbestos exposure.
However, Justice Madden did not uphold the original damages amount of $32 million. The level of award given as damages was reduced to $8 million. While this is a fraction of the original asbestos settlement, the $8 million amount still represents one of the largest asbestos awards ever obtained in the State of New York.
If you or someone you know has been exposed to asbestos and later developed mesothelioma, reach out to a mesothelioma attorney today. Learn about your rights as a patient and what you can do to exercise your rights in a mesothelioma lawsuit or asbestos class action lawsuit now by visiting the Mesothelioma Asbestos Class Action Lawsuit Settlement Investigation. Asbestos attorneys are standing by to review your claims and help you get the compensation you deserve.
Updated August 30th, 2012
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