New York, NY, February 23, 2017 – Today, Levy Konigsberg announced that it received payment of $7.98 million for a client who died from mesothelioma as the result of asbestos exposure at one of New York’s largest powerhouses. The money was paid by National Grid, successor to the Long Island Lighting Company (“LILCO”), as the result of a jury verdict in the amount of $7 million in favor of the worker who was exposed to asbestos during the construction of LILCO’s vast Northport power plant. The payment by LILCO of $7.98 million was in excess of the amount awarded by the jury because of the interests and costs assessed against LILCO as the result of appealing the verdict and thereby delaying payment.
Levy Konigsberg partner, Jerome H. Block, was the lead trial attorney in the case and also successfully argued the case on appeal. “This is believed to be the most money ever recovered for a mesothelioma victim from a power company. We are proud to have represented a very deserving client and family in this case. We hope that the decision by the jury in this case and the appellate court will help pave the way for other workers to receive just compensation,” stated Mr. Block.
In this case, Levy Konigsberg successfully prosecuted the case under New York’s Labor Law § 200. The jury determined that LILCO was liable under that law for negligently exercising supervisory control over the work of asbestos insulators that resulted in the client’s exposure as a bystander. The client worked as a welder and did not directly work with asbestos-containing products himself. On appeal, LILCO argued that there was not sufficient proof to support the claim against them. LILCO also attempted to place the blame on the asbestos insulation contractors and product manufacturers. In an oral argument before the First Department Appellate Division, Mr. Block argued that the proof against LILCO was overwhelming and that the jury’s verdict was well-supported by the evidence. The appellate court was persuaded by Mr. Block’s argument and ruled unanimously (3 votes to zero) in favor of the firm’s client. According to Mr. Block, this was the first-ever appellate ruling in favor of an asbestos-exposed person against a power company under NY Labor Law §200. After losing this appeal, LILCO then applied for leave to file an appeal to the highest appellate court in New York. This appeal was recently denied, requiring LILCO to finally make payment, with interests and costs, to the family of the client.
If you or a loved one has been diagnosed with mesothelioma, please contact Levy Konigsberg by filling out the form or having a “live chat” on this website, or contacting us at 800-988-8005. Levy Konigsberg has more than 30 years of experience successfully representing victims of mesothelioma and is willing to fight to achieve the best possible results, as exemplified by this case.