Related Topics ► Other TopicsNew York Mesothelioma Lawyer and Legal Information
New York ranks fourth in the nation for asbestos lawsuits filed and the New York courts are the source of some of the highest profile jury awards in asbestos cases. Over recent years, jury awards in mesothelioma cases in New York asbestos cases have routinely been in double-digit millions. Typical of New York asbestos cases filed by New York mesothelioma lawyers is the recent case filed against Chrysler-Daimler by a man who worked as a brake mechanic, stripping brake linings. In the 2006 case, a New York jury awarded Alfred D'Ulise $20 million, with Chrysler-Daimler judged to be 10% at fault. Because the jury also found that the car company acted with reckless disregard, Chrysler could be held liable for the entire amount under New York law.
Statute of Limitations
A statute of limitations establishes the maximum amount of time following a particular incident that legal action can be taken based upon that incident. Due to the long latency period associated with asbestos-related disease, the statue of limitations often begins once an individual has been diagnosed, not immediately after initial exposure to asbestos. Many states enforce a one- to two-year statute of limitations, but it is best to speak with a mesothelioma attorney on this matter, as the statute of limitations varies by state.
To learn more about the statute of limitations in your state, please fill out the form on this page to receive a comprehensive information packet.
Determination of Liability
New York follows a pure comparative liability system in determining liability in personal injury suits. Under a pure comparative liability system, a plaintiff may recover some damages even if they are judged to be up to 99% responsible for their own injury. However, if the plaintiff is judged to be at fault in their own injury, the award for damages is reduced in proportion to their fault in the case. Thus, if the jury finds that the damages in a case amount to $100,000 and the plaintiff is 40% liable, the plaintiff can recover $60,000.
The New York courts follow a modified joint and several liability system in apportioning awards in cases where there are multiple defendants. Defendants may be held jointly liable for economic damages. When determining the responsibility for non-economic damages, any defendant who is 50% or less responsible for the plaintiff's injuries is subject to several liability, and can only be held responsible for the portion of damages that corresponds to their portion of the blame. Any defendant who is determined to be more than 50% responsible for the defendant's injuries is subject to joint and several liability, and can be held liable for the entire amount of the award.
New York Asbestos Litigation
2006 - Rosenberg, Casale v. Alpha Wire, et al: NY Jury awards $9 million to two families in groundbreaking cases involving manufacturers of asbestos coated cable, steam fittings and valves. The cases were the first to find for plaintiffs in cases involving coated cable and steam valves
2006 - Alfred D'Ulisse, et al. v. DaimlerChrysler Corp.: Alfred D'Ulisse worked as a brake mechanic from 1960 to 1964, and off and on for the next 36 years part time while he worked as a police officer. He alleged that his work stripping brake linings exposed him to asbestos which caused his mesothelioma.
Verdict: Plaintiff, $25 million
2003 - Robert Crouteau v. Consolidated Edison, KeySpan Corporation and Long Island Lighting Company: Robert Crouteau was a 54 year old former boilermaker who developed mesothelioma after being exposed to asbestos on the job for ConEd, KeySpan and Long Island Lighting. He was diagnosed with pleural mesothelioma in 2001, and filed suit against the three companies.
Verdict: Plaintiff, $47 million
1993 - Consorti, Luchnick, Pulizzi, Tabolt v. LIRR: Four plaintiffs with mesothelioma in a consolidated trial before the New York Southern District Court
Verdict: Plaintiff, $47.5 million
2003 - Gomez, Tucker v. Lincoln Electric and Hobart Bros. : The case was the first case to succeed against the manufacturers of welding rods containing asbestos.
Verdict: Plaintiff, $3.19 million and $3.6 million respectively