New York Appeals Court Affirms Plaintiff’s Verdict in Mesothelioma Lawsuit

iStock-92402940.jpgA New York appeals court recently upheld a significant plaintiff’s verdict in an asbestos cancer case against equipment manufacturer Caterpillar Inc., Pacemaker Steel & Piping Co., Millar Steel & Industrial Supply Co. Inc. over allegations that the defendants’ products caused his mesothelioma. The $4 million verdict was a long time in the making for the plaintiff, who had to wait two extra years to finally receive the compensation and justice he deserved for his injuries caused by the defendant’s dangerously designed products.

The mesothelioma cancer lawsuit claimed that the defendant suffered asbestos exposure while working for Chicago-based Chicago Pneumatic and then the New York State Department of Transportation. The plaintiff’s lawsuit alleged that he inhaled asbestos dust from vehicle brakes and mechanical parts manufactured by Caterpillar as well as bags and boards supplied to his employer by Pacemaker.

In 2015, a New York jury ruled in favor of the plaintiff, holding Pacemaker 30% liable for the victim’s injuries and ordered that particular defendant to pay $3 million for the plaintiff’s future pain and suffering. As is common in mesothelioma cancer lawsuits, the defendant appealed the verdict, challenging the jury’s determination of a causal link between the victim’s injuries and asbestos in the products he used.

“Contrary to the contention of the Millar defendants, the evidence is sufficient to establish that asbestos in products they supplied was a substantial factor in causing or contributing to plaintiff’s injuries.” The court wrote. There is a valid line of reasoning and permissible inferences that could lead rational persons to the conclusion reached by the jury based upon the evidence presented at trial.”

The panel went on to take issue with some of the assertions made in the defendant’s appeal where Pacemaker challenged the lower court’s discretion to preclude the defense from calling certain witnesses. The appeal is a prime example of the lengths many defendants in asbestos cancer cases go to avoid taking responsibility for their indifference to public safety.

Can I Still File an Asbestos Cancer Lawsuit if I was Exposed to Asbestos Many Years Ago?

Mesothelioma takes decades to develop after asbestos exposure. The time deadline to file claims against asbestos manufacturers begins at the moment of diagnosis, not exposure. Even if the plaintiff came in contact with the substance many years ago, he or she still retains the legal right to file claims.

By filing an asbestos cancer lawsuit, victims and their families can recover much needed compensation for lost wages, medical bills, and pain and suffering. In the unfortunate event of passing away before the claim is filed or the case goes to trial, the deceased’s family retains the right to continue the claim on behalf of the estate.

Nationwide Mesothelioma Cancer Lawyer

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.

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