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Belluck & Fox Wins Another Appeals Court Ruling

NEW YORK, NY, May 2, 2017 – New York Mesothelioma law firm Belluck & Fox, LLP is proud to announce that it has won an appeal on behalf of its clients Nicholas and Lorraine Dominick regarding Mr. Dominick’s development of mesothelioma, affirming the jury verdict against defendant Charles Millar & Son, and its successor in interest, Pacemaker Steel & Piping Co.

This decision again shows that Belluck & Fox, LLP is a top-rated mesothelioma law firm in New York and across the country. Belluck & Fox, LLP has the lawyers and resources to take cases all the way to verdict and to defend those verdicts on appeal

Nicholas Dominick worked as an internal grinder at the Chicago Pneumatic tool manufacturing plant from 1968 to 1973. During the course of his employment, he was exposed to asbestos from products supplied by Pacemaker’s predecessor to the plant.

In 2015, a jury concluded that Pacemaker was 30% liable for causing Mr. Dominick’s mesothelioma. The jury awarded the Dominicks a total of $4 million dollars: $1 million for past pain and suffering, and $3 million for future pain and suffering in Dominick, et al. v. A.O. Smith Water Products Co., et al., No. CA2014-000232 (N.Y. Sup. Ct., Oneida Cty.).

victims of mesotheliomaIn March 2016, Pacemaker asked the trial judge, the Honorable Charles C. Merrell of the New York Supreme Court, to overturn the jury verdict and dismiss the case. Belluck & Fox successfully defeated that motion, and Charles Millar appealed.

On April 28th, 2017, the Appellate Division, Fourth Judicial Department, affirmed the jury verdict against Pacemaker in all respects. This ruling is not only a victory for the Dominicks, but it is also a substantial victory for asbestos victims everywhere who are seeking relief and damages for their illnesses.

In its ruling, the Appellate Court again substantively rejected each claim that Pacemaker offered, most importantly with regards to specific causation and monetary damages. The Court concluded that “Contrary to the Millar defendants’ contention, the expert’s opinion, considered along with the rest of her testimony, was sufficient to establish specific causation.” This ruling helps to confirm that the theory of causation advanced by the experts called on behalf of asbestos victims is valid under New York law.

The Court also refused to reduce the award of future damages for pain and suffering, concluding that $3 million for one year of future pain and suffering was reasonable.

Partner Seth Dymond of Belluck & Fox, LLP represented the plaintiff-respondents in this action. George F. Carpinello of Boies, Schiller & Flexner LLP represented the defendants.

About Belluck & Fox, LLP

The New York City mesothelioma law firm of Belluck & Fox, LLP represents victims of mesothelioma and other asbestos-related diseases, as well as individuals with claims related to other mass torts, motorcycle crashes, lead paint and other serious injuries. The firm’s attorneys have won more than $1 billion in compensation for clients and their families.


The firm’s headquarters is located at 546 Fifth Avenue, Fifth Floor, New York, NY 10036 (local phone 212-681-1575). The firm also features New York offices in AlbanyRochester and Woodstock. For more information, contact the firm through its online form or call 212-681-1575 (518-621-2699).


Another Success Story:


New York Mesothelioma Law Firm Of Belluck Fox Wins 19 5 Million Verdict

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