Mesothelioma Attorney from LK Wins $2.5 Million Verdict for Navy Veteran’s Family

NEW YORK, New York, December 28, 2011 – A mesothelioma attorney from the law firm of Levy Konigsberg LLP (“LK”), recently won a $2.5 Million verdict for the family of the late Lloyd “Barry” Benton, a Vietnam veteran, who died from mesothelioma at the age of 56. The trial was against John Crane Inc., a multi-national company that made and sold asbestos products that Mr. Benton used in the Navy and throughout his career as a union pipefitter. The two week trial ended after the jury deliberated for merely 50 minutes, and unanimously decided in favor of Levy Konigsberg’s client. The trial was held in New York Supreme Court, NY County, before the Hon. Marcy Friedman.”Barry Benton did all of the right things. He served his country and worked hard to take care of his family. Unfortunately, he died because John Crane Inc. knew asbestos was dangerous but kept that secret to themselves and sold their products without any warning. They also knew that there was a safe way to use their products, but chose not to tell their customers,” said Levy Konigsberg’s attorney.

It was undisputed that John Crane Inc. sold hundreds of different styles of asbestos products over 60 years. At trial, Levy Konigsberg contended that while Mr. Benton used their asbestos products, the company knew that asbestos was dangerous and knew that its products could potentially release dangerous asbestos fibers when used. The firm further contended that the company even took steps to protect its own workers, but failed to pass this information on to their customers, like Mr. Benton, which put them at risk of developing mesothelioma.

At trial, the defendant argued that its products were not the cause of Mr. Benton’s cancer. The jury unanimously found that John Crane’s products were a substantial cause of Mr. Benton’s disease.

Barry Benton first used John Crane’s asbestos products when he served in the Navy, and then continued to use them throughout his career as a union pipefitter. During his career, he made thousands of gaskets out of large sheet gasket material which he would cut and hammer out. Additionally, part of Mr. Benton’s job duties involved opening up flanges and removing old asbestos gaskets that were stuck on the flange face. To remove the gaskets he would use a scrapper, wire brush, or an electric wire brush. Once the old gasket was removed, he would frequently clean the area with compressed air before putting a new gasket on. All of these tasks created a substantial amount of asbestos dust in the air which Mr. Benton breathed in.

As a result of his exposure to asbestos products, including John Crane gaskets and packing, Mr. Benton died of mesothelioma, which is a type of cancer whose only known cause in North America is asbestos exposure.

“What happened here was 100% preventable. This is a tragic example of corporate greed and recklessness. This company turned a blind eye to the potential dangers of its products and put its own interests ahead of its customer’s safety. Veterans and workers like Mr. Benton deserve better,” said a firm spokesperson.

LK is a national leader in asbestos litigation and other toxic tort cases. Over the last 25 years, LK attorneys have successfully represented thousands of veterans and workers who have been diagnosed with asbestos related cancer, including mesothelioma.