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.
Mesothelioma Compensation Verdict of $5 Million Upheld by Upstate New York Court in Landmark Case Brought by Former Navy Boilerman
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 for 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 proofs that Foster-Wheeler knew that asbestos materials would be used by boilerman repairing and servicing 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 212-605-6200 or 1-800-MESO-LAW (1-800-637-6529), 24 hours a day, 7 days a week.
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.
- 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.
1 Douglas Pokorney v. Foster Wheeler, No. 2006-3087 (N.Y. Sup. Ct., Onondaga County).
