Plaintiffs Ruby Konstantin and Doris Kay Dummitt – on behalf of decedents Dave John Konstantin and Ronald Dummitt, respectively – had a $12 million verdict upheld by the New York Supreme Court’s Appellate Division. Both Konstantin and Dummitt were victims of mesothelioma, and their cases were consolidated with three lung cancer claims and five mesothelioma claims. The other mesothelioma cases settled prior to trial.
After six weeks of trial, Tishman Liquidating Corporation (TLC) was found to be 76% liable for Dave John Konstantin’s injuries. From 1973 to 1977, Mr. Konstantin was employed as a carpenter at two sites in which TLC was the general contractor. It was at these work sites that he inhaled asbestos dust made airborne by the sanding of asbestos-containing joint compound. Evidence provided suggested that TLC was aware of asbestos’s hazardous properties as early as 1969.
Mr. Konstantin was diagnosed with mesothelioma in January, 2010, and succumbed to the disease in June, 2012. He was originally awarded $19 million for pain and suffering, as well as $500,000 for lost earnings.
TLC argued that the damage awards were unreasonable, and the court agreed, reducing the amount owed to $8 million in November, 2012.
Crane Co., the defendant in Ronald Dummitt’s case, was found 99% liable for Mr. Dummitt’s injuries and was originally ordered to pay $32 million, half of which was for pain and suffering. Mr. Dummitt was exposed to asbestos during his time as a boiler technician in the U.S. Navy, where he worked with Crane-manufactured gaskets and packing material that contained the toxin.
In its appeal, Crane argued that the asbestos-containing components were manufactured by third party companies, thereby precluding Crane from liability. However, as Justice Angela Mazzarelli explained, “The court found that Crane was liable because it knew or should have known that the components, which were meant to be used in conjunction with its product, contained asbestos and were therefore likely hazardous.”
The court agreed to reduce the damages to $8 million, of which $4.4 million was awarded to Dummitt after adjustments due to setoffs for which Crane was entitled.
Asbestos exposure is the primary cause of mesothelioma, an aggressive type of cancer that has a 10% survival rate over a five-year period.