New Jersey Mesothelioma Lawyer and Legal Information

In February 2008, a New Jersey jury awarded what is believed to be the largest award ever to a single plaintiff. The family of a New Jersey man who was exposed to asbestos on the clothing of his father when he was an infant will receive $30.3 million from General Motors and other defendants.

In 2007, the American Tort Reform Association (ATRA) named Atlantic County in New Jersey as one of its "judicial hellholes," based in large part on its high jury awards in personal injury lawsuits. The case of Mark Buttittia, described above, is only one of the large jury awards in New Jersey in the past few years. ATRA bases its judgment of 'judicial hellholes' on attitudes and laws that are favorable to plaintiffs and unfavorable to defendants in asbestos and other personal injury and tort trials.

Determination of Liability

New Jersey courts follow a modified comparative liability rule - 50 percent in determining liability. Under the New Jersey rule, a plaintiff can still recover damages even if they are partly at fault in causing their own injury as long as the plaintiff's fault is found 50 percent or less at fault. If the plaintiff is found 51 percent or greater at fault in their injury, they receive no award of damages for compensation. If the plaintiff is determined 50 percent or less at fault in the injury, any damages awarded by the court will be reduced in an amount proportionate to their percentage of fault. In other words, in a case where the plaintiff is 30 percent at fault for their injury and the damages determined by the court amount to $100,000, the plaintiff can collect $70,000.

In determining how to assign damages in cases with multiple defendants, the New Jersey courts use a modified joint and several liability rule. In cases where a defendant is less than 60 percent at fault in causing the plaintiff's injury, the defendant is only subject to several liability. Under several liability, a defendant is only liable for the portion of the judgment that is proportionate to their percentage of the fault. If a defendant is determined to be 61 percent or greater at fault in causing the plaintiff's injury, that defendant is subject to joint and several liability. Under joint and several liability, a defendant can be held liable for the entire amount of the judgment regardless of the percentage of fault.

Below are examples of asbestos-related cases that took place in New JErsey:

2008 - Buttittia v. General Motors et al: The family of Mark Buttitia filed a wrongful death suit against General Motors and other defendants, alleging that Buttitia had been exposed to asbestos carried home on the clothing of his father and brothers, all of whom worked at a New Jersey General Motors plant. The plaintiff received $30.3 million.

2006 - Parker v. R.T. Vanderbilt and Hammill and Gillespie: Bonnie Parker filed a wrongful death suit alleging that her husband, Stanley Hirsch, died of mesothelioma caused by his exposure to asbestos in potters clay and glazes distributed and manufactured by the defendants. The plaintiff was awarded $3 million.

2006 - NJ Parker v. Vanderbilt : In the first trial in the nation dealing with asbestos in industrial talc, a widow was awarded $3 million for death of her husband due to mesothelioma.

2006 - NJ Velez-Zapata et al v. Long Island Railroad: A jury awarded total of $16.4 million to three plaintiffs in suit filed under FELA.

2006 - Olivio v. Exxon: The New Jersey Supreme Court ruled that a New Jersey man could bring suit against Exxon in the wrongful death suit of his wife. The suit alleged that Eleanor Olivio developed mesothelioma caused by exposure to asbestos on her husband's work clothing despite the fact that Eleanor Olivio had never set foot on Exxon property and her husband had not been employed by Exxon. Olivio's husband was a contractor who worked at various work sites around New Jersey including an Exxon refinery.

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