Successes

Defense Verdict in Toxic Tort and New York Labor Law Case

After five weeks of trial, Mr. Stapleton obtained a directed verdict on behalf of a construction company in a major exposure Labor Law and toxic tort case.  The plaintiff claimed catastrophic injuries resulting out of his employment as a union iron worker at a research facility owned and operated by the co-defendant.  The plaintiff claimed he inhaled toxic fumes while performing welding and grinding activities at the site.  He further claimed that, due to the alleged failure of the co-defendant (as owner and general contractor) and our client (as construction manager) to provide proper respiratory protection, his lungs were permanently and irreversibly damaged.  The plaintiff’s total damages, including a claim of permanent disability at age 44 and the need for a double lung transplant, were valued in excess of $25 million.  The plaintiff’s pre-trial settlement demand against all parties was $15 million; against our client individually the plaintiff demanded $1 million.  Mr. Stapleton obtained a directed verdict in our client’s favor at the close of all evidence. After receiving the case, the verdict awarded plaintiff damages totaling $11 million, with a 50% reduction for comparative negligence. The plaintiff’s net award was $5.5 million.