December 4, 2008 – New York Supreme Court Justice upholds a $5 Million mesothelioma compensation verdict awarded to a former Navy boilerman. The jury award is believed to be the largest ever mesothelioma compensation verdict in Upstate New York and the first-ever mesothelioma compensation verdict in Syracuse, New York.

NEW YORK SUPREME COURT JUSTICE UPHOLDS A $5 MILLION MESOTHELIOMA COMPENSATION VERDICT AWARDED TO A FORMER NAVY BOILERMAN. THE JURY AWARD IS BELIEVED TO BE THE LARGEST EVER MESOTHELIOMA COMPENSATION VERDICT IN UPSTATE NEW YORK AND THE FIRST-EVER MESOTHELIOMA COMPENSATION VERDICT IN SYRACUSE, NEW YORK.

SYRACUSE, New York, December 4, 2008 – In today’s Decision and Order, New York Supreme Court Justice James W. McCarthy upholds a $5 Million mesothelioma compensation verdict awarded to LK’s client Douglas Pokorney1, an Ithaca, NY, resident who served as a Navy boilerman in the early 1960s aboard the USS Charles H. Roan (DD-853). The jury award is believed to be the largest ever mesothelioma compensation verdict in Upstate New York and the first-ever mesothelioma compensation verdict in Syracuse, New York (Onondaga County).

In its Decision and Order, the Court rejected the legal challenges to the verdict made by defendant Foster-Wheeler in its post-trial motions. Specifically, the Court upheld its pre-trial ruling denying Foster-Wheeler’s request to have the Navy listed on the verdict sheet as a party to which the jury could attribute fault for his mesothelioma.

This decision was based on, among other things, the Navy’s absolute immunity for injuries sustained in the course of military service. The Court also denied Foster-Wheeler’s request to have the government contractor defense charged to the jury, finding the record utterly bereft of any evidence that the Navy prohibited Foster-Wheeler from warning.

The Court also found that the issue of proximate cause was properly left to the jury who decided that Foster-Wheeler’s failure to warn about the hazards of asbestos exposure was a substantial factor in causing the plaintiff’s mesothelioma. Finally, the Court found that there was sufficient evidence to find that a duty to warn existed based on factual proof that Foster-Wheeler knew that asbestos materials would be used by boilerman to repair and service its boilers on the USS Charles H. Roan.

For decades asbestos litigation in the State of New York has concentrated in New York City. Increasingly, many mesothelioma lawsuits are being filed throughout Upstate New York, including such venues as Erie County (Buffalo, NY), Onondaga County (Syracuse, NY), Schenectady County (Albany, NY), and Broome County (Binghamton, NY).

For over a quarter of a century, mesothelioma lawyers at Levy Konigsberg LLP have been among the pioneers of asbestos litigation in America. The firm’s attorneys have been recognized as nationwide leaders in representing the rights of mesothelioma victims and their families. Their clients have received some of the largest mesothelioma compensation verdicts in the country.

For more information about this or other mesothelioma lawsuits, please contact Levy Konigsberg LLP at (800) 315-3806 or 1-800-MESO-LAW (1-800-637-6529), 24 hours a day, 7 days a week.

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