Jury finds that general contractor was responsible for man’s exposure to asbestos at worksites in the 1970s, which caused mesothelioma decades later, New York City lawyer Jordan Fox of Belluck & Fox, LLP says.
New York, New York (Vocus/PRWEB) August 17, 2011 — The nationally recognized New York mesothelioma law firm of Belluck & Fox, LLP has secured a $19 million-plus verdict for a carpenter who developed mesothelioma of the tunica vaginalis, a rare form of mesothelioma that affects tissues surrounding the testes, caused by asbestos exposure at two New York City construction sites in the 1970’s.
“Tishman failed to maintain a safe workplace and caused David Konstantin to be exposed to asbestos through the work of its subcontractors as well as through its own employees who swept up the dust in his presence for two years,” said New York attorney, Jordan Fox. “We are pleased that the jury appreciated the extent of his suffering from this misconduct and allocated a great majority of the fault to the proper party, Tishman.”
Fox, one of Belluck & Fox, LLP’s founding partners, led the plaintiff’s legal team in a trial that lasted nine weeks. A jury in the New York County Supreme Court returned the $19,550,171 verdict on Aug. 17. The case is David Konstantin and Ruby Konstantin v. 630 Third Avenue Associates, et al. (No. 190134/2010).
Senior litigator James Long, partner Brian Belasky and associates Seth Dymond and William Papain rounded out the Belluck & Fox, LLP legal team that worked on the case.
The jury determined that the plaintiff was exposed to asbestos at two construction sites — 622 Third Avenue and the Olympic Towers — between 1974 and 1977, when drywall subcontractors sanded joint compound that contained asbestos and Tishman laborers swept up the dust. He later developed mesothelioma of the tunica vaginalis due to this exposure, the jury found.
The plaintiff brought suit against Tishman Liquidating Corporation, formerly known as Tishman Realty & Construction, Co., Inc., the general contractor on the two construction projects. The jury determined Tishman violated § 200 of the New York Labor Law, which requires general contractors to maintain a safe workplace for construction workers.
At trial, asbestos exposure lawyers from Belluck & Fox, LLP presented evidence from a series of experts regarding the causation of the plaintiff’s testicular mesothelioma as well as testimony about the cancer’s economic impact on Mr. Konstantin. Testifying on behalf of the plaintiff were Dr. Stephen Markowitz, an expert in occupational medicine, Dr. James Strauchen, a forensic pathologist, , Dr. Barry Castelman, a public health expert, Richard Hatfield, a materials analyst, and Dr. Lawrence Spizman, an economist.”
The New York City jury found that Tishman Liquidating Corporation was 76 percent responsible for the plaintiff’s damages. They awarded $7 million for past pain and suffering, $12 million for future pain and suffering, $64,832 for past lost wages and $485,325 for future lost wages.
The attorneys for the defendant, Tishman, were Frank Friedstedt, Esq., and Kerryann Cook, Esq., of McGivney & Kluger.
About Belluck & Fox, LLP
Belluck & Fox, LLP is a nationally recognized law firm that represents individuals with asbestos and mesothelioma claims, as well as victims of crime, motorcycle crashes, lead paint and other serious injuries. The firm provides personalized and professional representation and has won over $400 million in compensation for clients and their families.
Partner Joseph W. Belluck is AV-rated by Martindale-Hubbell and is listed in Best Lawyers in America, New York Magazine’s “Best Lawyers in the New York Area” and in Super Lawyers. Mr. Belluck has won numerous cases involving injuries from asbestos, defective medical products, tobacco and lead paint, including a recent asbestos case that settled for more than $12 million.
Partner Jordan Fox is a well-known asbestos and mesothelioma attorney who has been named to the Best Lawyers in America, New York Magazine’s “Best Lawyers in the New York Area” and to Super Lawyers. On two separate occasions his verdicts were featured as the National Law Journal’s Largest Verdict of the Year.
In September, Belluck & Fox, LLP New York won a coveted spot on a list of America’s best law firms, which was published jointly by U.S. News & World Report and Best Lawyers magazine. The listing showcased 8,782 different law firms ranked in one or more of 81 major practice areas.
For more information, contact the firm at 877-477-1846 or through the online contact form.
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