New Jersey’s Largest Mesothelioma Compensation Verdict of $30.3 Million Upheld by State’s Appellate Court

April 5, 2010 – New Jersey Appellate Division upholds the state’s largest $30.3 Million mesothelioma compensation verdict in a lawsuit brought by LK’s client Susan M. Buttitta both individually and on behalf of the estate of her late husband Mark Buttitta, who died of mesothelioma, a rare and terminal cancer caused by asbestos exposure. The verdict is the largest mesothelioma compensation award ever obtained in New Jersey’s long history of asbestos litigation.

NEW JERSEY APPELLATE DIVISION UPHOLDS THE STATE’S LARGEST $30.3 MILLION MESOTHELIOMA COMPENSATION VERDICT IN A LAWSUIT BROUGHT BY LK’S CLIENT SUSAN M. BUTTITTA BOTH INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF HER LATE HUSBAND MARK BUTTITTA, WHO DIED OF MESOTHELIOMA, A RARE AND TERMINAL CANCER CAUSED BY ASBESTOS EXPOSURE. THE VERDICT IS THE LARGEST MESOTHELIOMA COMPENSATION AWARD EVER OBTAINED IN NEW JERSEY’S LONG HISTORY OF ASBESTOS LITIGATION.

TRENTON, New Jersey, April 5, 2010 – In a unanimous decision issued today, New Jersey Appellate Division upheld the largest mesothelioma compensation award1 ever obtained in the long history of the state’s asbestos litigation. The lawsuit was filed by Susan M. Buttitta, both individually and on behalf of the estate of her late-husband Mark Buttitta, who died of mesothelioma, which is a rare and incurable cancer caused by asbestos exposure. The Buttitta family was represented by a team of mesothelioma lawyers lead by Moshe Maimon of Levy Konigsberg LLP.

The mesothelioma case was originally tried in February, 2008, and resulted in a $30.3 Million jury verdict comprised of:

  • $8,000,000 for Mark Buttitta’s pain and suffering caused by his mesothelioma;
  • $2,000,000 for Mrs. Buttitta’s loss of consortium;
  • $9,281,660 for Mr. Buttitta’s loss of earnings;
  • $2,030,544 for loss of services;
  • $9,000,000 total for the loss of parental care and guidance to Mr. Buttitta’s three daughters resulting from their father’s premature death from mesothelioma.

Mr. Buttitta was exposed to asbestos in the workplace during the 1970s when he was employed at warehouses that distributed asbestos-containing automotive parts, including brakes and clutches. He worked as a “parts picker”, which required him to handle asbestos products and sweep up asbestos containing dust off the auto parts.

The landmark mesothelioma verdict was rendered against a supplier of asbestos, which was incorporated into the automotive parts Mr. Buttitta worked with, and the manufacturer of automotive clutches that contained asbestos.

During the trial, the plaintiff’s mesothelioma attorneys from Levy Konigsberg LLP called several scientific and medical authorities in the area of asbestos-related diseases, such as Drs. Jacqueline Moline and Ronald Gordon, both of New York’s Mt. Sinai Medical Center.

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 212-605-6200 or 1-800-MESO-LAW (1-800-637-6529), 24 hours a day, 7 days a week.

ATTENTION: Mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.

Under the law of most states, pain and suffering from mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.

Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.

IMPORTANT: If you or your family member has been diagnosed with mesothelioma, you should get in touch with a mesothelioma lawyer as early as possible to determine if you have a mesothelioma case and to:

  • Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;
  • Obtain maximum compensation in your case by being able to:
    • Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;
    • File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;
  • Expedite your case, as courts tend to give higher priority to mesothelioma lawsuits where the claimant is still alive.

Find out whether you have a case by speaking to one of our experienced mesothelioma lawyers via our 24/7 toll-free hotline at 1-800-MESO-LAW (1-800-637-6529) or by submitting an email inquiry (see form above). Our attorneys will be quick to respond to you and happy to answer all of your questions.

NOTE: While our offices are located in the states of New York, New Jersey, and Georgia, many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States. You are encouraged to contact us with any questions.

1 Susan Buttitta as executrix of the estate of Mark Buttitta v. Asbestos Corp., et al., No. BER-L-9592-02 (N.J. Super., Bergen Vicinage).

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