Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Plaintiff Dario Battistoni worked as a butcher at a delicatessen in Queens, New York, from 1979 to 1980, and later worked as a butcher and banquet chef in kitchens at the Century Plaza Hotel in Los Angeles, California from 1980 to 1999. The plaintiff claims that at those jobs he worked with commercial kitchen equipment, … Continued
A jury found defendant Dana Companies not negligent in manufacturing and/or selling asbestos containing gaskets without adequate warning in a recent New York mesothelioma case despite a finding of exposure to the defendant’s gaskets. The plaintiff, Michael Colsten, claimed exposure to asbestos while working as an automotive mechanic at General Tire from 1965 through 1969 and … Continued
The plaintiff was a police officer for the City of Buffalo from 1968-1995. In 2012, he was diagnosed with mesothelioma and filed this proceeding asking permission to serve a late notice of claim against the city. The plaintiff alleged asbestos exposure during his work at properties owned by the city and by the Board of … Continued
Plaintiff Lori LoGiudice developed mesothelioma and brought suit, alleging her disease was caused by her use of asbestos-containing Cashmere Bouquet talcum powder made by Colgate-Palmolive. The only other defendants were suppliers of asbestos-containing talc to Colgate. After the Special Master denied certain discovery requests made by the plaintiff, the plaintiff moved for relief. The court … Continued
Plaintiffs Patrick and Joy Demartino brought suit against various defendants after Patrick Demartino developed mesothelioma. Defendant Aurora Pump Company moved for summary judgment, arguing that it did not use or sell external asbestos-containing gaskets. The court denied this motion. It was undisputed that during the plaintiff’s time of alleged exposure to Aurora pumps while working … Continued
Plaintiff-Decedent William Holzworth filed suit against various defendants in the New York Supreme Court on July 9, 2012 alleging personal injuries pursuant to his diagnosis of mesothelioma allegedly caused by his occupational exposure to asbestos. Specifically, Holzworth alleged exposure to asbestos-containing products during this employment, both as a sonarman serving in the U.S. Navy between … Continued
Relying on Koulermos v. A.O. Smith Water Prods., the New York Appellate Division, First Department upheld the trial court’s denial of summary judgment. The court found that the trial court used the correct standard and that Cleaver Brooks failed to put forth evidence illustrating how it was entitled to summary judgment. Read the decision here. Read … Continued
The Appellate Division of the Supreme Court of New York issued three decisions rejecting appeals of Crane Co. arising from verdicts for Plaintiffs in three separate trials out of New York County. In Peraica v. A.O. Smith, et al., a jury on December 3, 2013 awarded the plaintiffs $9,900,000 for past pain and suffering against … Continued
The plaintiff, Kelan Unterberg, brought this action against multiple defendants for his alleged development of mesothelioma. His complaint lodged three separate causes of action including negligence under the Jones Act, breach of warranty of sea worthiness and reasonable fitness under U.S. Maritime law, and remedy of maintenance and cure. All of the counts were related … Continued
In this case, the plaintiff Gaspar Hernandez-Vega alleges that he developed mesothelioma as a result of his alleged exposure to asbestos-containing products while working as a pipefitter. At his deposition, Hernandez-Vega testified interchangeably to work with “Edward valves,” “Vogt valves,” and “Edward-Vogt valves” that exposed him to asbestos through his changing of the packing and … Continued