New York Mesothelioma Law Firm of Belluck & Fox Wins $19.5 Million Verdict Against Tishman For Carpenter Who Developed Rare form of Mesothelioma
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 1970s.
“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’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 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 other 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 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.