Law mesothelioma suit

Boilermaker exposed to asbestos-containing products: Failure to warn: Mesothelioma: Settlements: Verdict

Croteau v. Consolidated Edison, N.Y., New York County Sup. Ct., No. 18793/01, Mar. 26, 2003.

Croteau, a boilermaker, worked in various power plants from the late 1960s through the late 1970s. During this time, he was exposed to asbestos-containing products including insulation, cement, pipe covering, gaskets, and blankets, among other products. In 2001, at age 52, he was diagnosed with mesothelioma. His prognosis is poor. he incurred about $1 million in medical expenses and anticipates an additional $600,000 in future medical expenses. he had earned $60,000 annually and is now permanently disabled.

Croteau and his wife filed suit against the various power plants where he worked, among others, alleging failure to warn of the dangers of asbestos, failure to provide a safe workplace, and negligent supervision and control of the job sites.

Some power plant defendants settled before or during trial. The settlement amounts are confidential. By the time of the verdict, only two defendants-Consolidated Edison Company of New York (Con Edison) and the Long Island Eighting Company (LIECO)-remained.

The jury apportioned liability at 25 percent against a LILCO power plant, 17 percent each against two Con Edison power plants, and 41 percent against the settling defendants. It then awarded about $47.14 million, including $15 million for past pain and suffering, $30 million for future pain and suffering, about $1.14 million for economic loss, and $1 million for medical expenses.

Posttrial motions are pending. The judge has indicated her intent to remit the verdict to between $15 million and $17 million.

Plaintiffs' experts included David Egilman, state of the art, Attleboro, Mass., and Jacqueline Moline, pulmonology, New York, N.Y.

Defendants' experts included Lawrence Birkner, industrial hygiene, Sedona, Ariz.

Plaintiffs' Counsel

*Jerry Kristal, Cherry Hill, NJ.

Michael P. Roberts,

*Richard D. Meadow, and

*Perry Weitz, all of New York, N.Y.