NEW YORK, NY, May 07, 2015 /24-7PressRelease/
-- A plant worker who developed both mesothelioma and lung cancer after being exposed to asbestos products has won a $4 million verdict against the company who supplied those products, the nationally recognized New York law firm of Belluck & Fox, LLP
, announced today.
After a trial before the Honorable Charles C. Merrell, the jury returned its verdict on March 18 in the Supreme Court of New York, County of Oneida, in the case of Nicholas Dominick and Lorraine J. Dominick v. A.O. Smith Water Products, et al. (No. CA2014-000232).
The jury awarded the Dominick family $1 million for past pain and suffering and $3 million for future pain and suffering, assessing 30% of the fault to Pacemaker.
"Mr. Dominick has suffered tremendous pain as a result of Pacemaker/Charles Millar's negligence. His sickness could have, and should have been prevented. I'm grateful that the jury was able to deliver justice for him and his wonderful family," said Brittany Russell, an associate attorney at Belluck & Fox who tried the case along with partner Bryan Belasky on behalf of the Dominick family.
Partners Joe Belluck and Seth Dymond provided assistance to the trial team. "Our law firm, Belluck and Fox, is dedicated to representing mesothelioma victims across New York State. We are honored that the Dominick family allowed us to represent them and proud that we obtained the largest verdict ever in an asbestos case in Oneida County. Once again, this shows that the jury system in New York works," Belluck said.
Between 1968 and 1973, Mr. Dominick worked as an internal grinder at the Chicago Pneumatic tool manufacturing plant in Utica, New York. The jury determined that Mr. Dominick developed pleural mesothelioma and lung cancer as a result of his exposure to bags of asbestos and asbestos boards supplied by Pacemaker/Charles Millar to Chicago Pneumatic, which were used in the plant's annealing process. The jury found that Pacemaker/Charles Millar was negligent in failing to warn Mr. Dominick about the dangers of asbestos associated with the products it supplied. The case is significant in New York asbestos litigation, as it is the largest verdict ever levied against a distributor of asbestos products, and the largest asbestos verdict of any nature obtained in Oneida County.
Asbestos is a mineral that has been linked to lung cancer and mesothelioma, an aggressive and deadly form of cancer which results from breathing in asbestos fibers that become lodged in the thin membrane that lines and encases the lungs.
At trial, lawyers from Belluck & Fox presented evidence from a series of experts regarding the use of asbestos in heat treatment annealing processes, the causation of Mr. Dominick's mesothelioma and lung cancer, the state-of-the-art evidence relating to the dangers of asbestos, and testimony about the cancers' impact on Mr. Dominick. Testifying on behalf of the plaintiffs were experts Dr. Jacqueline Moline, Dr. David Rosner, and Dr. Uriel Oko.
Defendant Pacemaker/Charles Millar was represented by Robert Cahalan of Smith, Sovik, Kendrick & Sugnet, P.C, and called expert Dr. Frederick Schmidt to testify on its behalf.
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 $650 million in compensation for clients and their families. The firm has been named one of the top law firms in America by U.S. News & World Report every year since 2011.
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 an award-winning, nationally-recognized asbestos attorney. In 2013 he was named "Lawyer of the Year" for the New York Metro area by Best Lawyers in America after securing $32 million and $19.5 million verdicts in two separate asbestos cases. He is regularly listed in the annual Best Lawyers in America list and has also appeared in Super Lawyers. A number of his verdicts have been featured among the National Law Journal's Largest Verdicts of the Year.
For more information, contact the firm at (877) 637-6843 or through the online contact form