In 2020, James Petro filed an asbestos lawsuit against multiple defendants that he blamed for his lung cancer and asbestosis diagnoses. After resolving his claims with several defendants out of court, he was awarded $13.5 million in damages for past pain and suffering and $15 million for future pain and suffering. Though the defendants filed a multi-pronged appeal, the Supreme Court of New York County upheld the verdict and the award.
Lung Cancer and Asbestosis Victim Was Navy Veteran and Steamfitter
According to his asbestos lawsuit, Mr. Petro is a U.S. Navy veteran who served from 1955 to 1959 and became a steamfitter in 1960. In the 35 years he was with the steamfitter’s union, he was exposed to asbestos at various sites across New York City for many companies. When he was diagnosed with both lung cancer and asbestosis, he sued multiple companies, including the Port Authority of New York. His lawsuit pointed to the use of an asbestos-containing fireproofing spray while building the World Trade Center as the cause of his illness.
Though the defendants’ attorneys argued that he could not have been exposed to asbestos at the World Trade Center because he had not started working there until 1972, the victim provided evidence that the company had continued using a different asbestos-containing cement overspray. The evidence, along with testimony from expert witnesses, was enough to convince the jury that the companies were at fault, and they ordered payment of damages, which the companies appealed.
Judge Upholds Jury’s Decision
In its review of the defendants’ petition for the case to be dismissed, the jury reviewed the evidence presented in the case and the decisions made by the court about the expert witnesses and other items. They determined that the court and jury’s determinations had been appropriate. The judge also assessed the award to see whether the jury had assigned an unreasonable amount but found that “sufficient evidence supports the jury’s verdict that plaintiff suffered extensive pain and suffering.”
The judge ruled that “the jury’s award did not materially differ from comparative cases” and went on to write, “While defendants point to lower verdict amounts in other lung cancer cases, defendants have failed to demonstrate that the verdict here substantially deviates from most recent jury verdicts for similarly situated plaintiffs.” The decision will stand, and the victim will retain his award.
If you or someone you love has been diagnosed with an asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
