New Jersey Court Upholds $30 Million Mesothelioma Cancer Verdict
By Jim Greene
Published on May 03, 2010
A New Jersey appeals court recently upheld a $30.3 million verdict in an asbestos exposure wrongful death lawsuit, the largest award for deadly mesothelioma cancer in the state's history.
The decision by the New Jersey Superior Court Appellate Division let stand a February 2008 decision in Bergen County Superior Court in favor of Susan Buttitta. The plaintiff claimed her husband Mark, who died in 2002, suffered fatal exposure not only on the job, but also as a child, when his father, who also worked with asbestos, brought particles of the deadly substance home on his clothing.
Mesothelioma is Caused Exclusively by Asbestos Exposure
Asbestos is the only known cause of mesothelioma cancer, which attacks the lining of the chest wall and lungs. The disease is incurable and usually takes decades to discover. For most victims, life expectancy after diagnosis is short.
Like his father before him, Mark Buttitta worked at a General Motors plant, where, according to the lawsuit, he handled boxes covered with asbestos dust. GM was originally a defendant in the case, as were Honeywell International and C.L. Zimmerman Co. The three companies settled out of court or were dismissed from the case. When the Bergen County jury delivered its verdict, only Asbestos Corporation Limited and Borg-Warner Corporation remained as defendants.
Award Compensates for Losses to Victim and Survivors
The award included $8 million for Mark Buttitta's pain and suffering, $2 million for the plaintiff's loss of companionship, $9,281,660 for loss of Mark Buttitta's earnings as an advertising executive, $2,030,544 for loss of services; and $9 million for loss of parental care and guidance for three daughters. If you or someone you know developed mesothelioma after exposure to asbestos, contact an experienced product liability/personal injury attorney. You may be eligible for compensation to deal with the cost of treatment and replace your lost income. You will also need to ensure your family's financial security in your absence.
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