All Press Releases for August 13, 2014

$16 Million Awarded to Mesothelioma Victims Represented by Belluck & Fox

Ronald Dummitt and David Konstantin were diagnosed with mesothelioma and awarded damages $8 million each, the reduction from the largest product liability case in New York state in 2011.



    NEW YORK, NY, August 13, 2014 /24-7PressRelease/ -- For the past 12 years, mesothelioma patients have turned to Belluck & Fox for legal representation for asbestos-related injuries.

In July, Belluck & Fox prevailed on two appeals of large verdicts for mesothelioma victims represented by the New York law firm.

The two cases, which were awarded in a combined verdict, constituted one of the largest verdict in the nation for an asbestos litigation, according to TopClassActions.com. The award for Ronald Dummitt was the largest for a product liability case in New York state that year, according to DigitalJournal.com, and the award for David Konstantin was the top verdict in a construction law case for that year as well.

Both awards were reduced to $8 million -- among the largest verdicts sustained in a mesothelioma case in the State of New York, according to LawyerShop.com. Dummitt and Konstantin have since died. Belluck & Fox's Seth Dymond represented their widows during the appeals.

Both cases were featured in a special 2012 edition of New York Magazine for top verdicts and settlements.

A jury awarded $32 million in 2011 to Dummitt, represented by the Belluck & Fox team of founding partner Jordan Fox, senior litigator James Long, partners Brian Belasky and Dymond, and associate William Papain. Dummitt, a Navy veteran, worked in boiler and fire rooms on seven ships in the 1960s and 1970s. His work exposed him to a deaerator tank manufactured with asbestos by Crane Co. and Elliott Turbomachinery Co.

The jury found Crane 99 percent responsible for Dummitt's pleural mesothelioma, and Elliott 1 percent. The award represented past and future pain and suffering. (Ronald Dummitt and Doris Kay Dummitt, v A.W. Chesterton, et. al., No. 190196/10 Supreme Court).

Also in 2011, a jury handed down a $19.5 million judgment against Tishman Liquidating Corporation, formerly Tishman Realty & Construction, on behalf of a carpenter represented by the same Belluck & Fox team who represented Dummitt, according to DigitalJournal.com.

Konstantin fell ill with mesothelioma of the tunica vaginalis, which affects tissues surrounding the testes, after working at two Tishman construction sites in the 1970s where sanded drywall containing asbestos was regularly swept up around him. Asbestos was also in joint sealing compounds Konstantin was given to use in his work. Experts in occupational medicine, forensic pathology, public health, materials analysis, and economics testified for Konstantin.

In determining that Tishman failed to follow 200 of the New York Labor Law requiring general contractors to maintain a safe workplace, the jury awarded $19 million for Konstantin's past and future pain and suffering and $550,000 for past and future lost wages. (David Konstantin and Ruby Konstantin v. 630 Third Avenue Associates, et al., No. 190134/2010 Supreme Court.)

Mesothelioma is a rare form of cancer that attacks the linings of chest and abdominal organs. Asbestos exposure is the only known cause of mesothelioma. Many patients become ill 15-60 years after asbestos exposure. Mesothelioma is a deadly disease with no cure. It is often diagnosed in a late stage and many patients die within a year.

Many businesses ignored or provided insufficient protection for employees, leading to federal regulation in the 1970s. Today, asbestos is allowed in very few industries and workers wear environmental protection suits to prevent exposure.

Many businesses ignored or provided insufficient protection for employees, leading to federal regulation in the 1970s.

About Belluck & Fox

The New York mesothelioma law firm of Belluck & Fox, LLP represents victims of mesothelioma and other asbestos-related diseases, as well as individuals with claims related to other mass torts, motorcycle crashes, lead paint, and other serious injuries. Their attorneys have won more than $500 million in compensation for clients and their families. Belluck & Fox has been listed among US News and World Report's Top Law Firms in America for three straight years.

Partner Jordan Fox was named the 2013 Plaintiff's Lawyer of the Year in New York City Mass Tort Litigation by The Best Lawyers in America (Copyright 2012 by Woodward/White, Inc., of Aiken, SC). Mr. Fox has been listed among the Best Lawyers in America since 2006, and his verdicts have appeared within the National Law Journal's Top Verdicts of the Year lists multiple times.

Partner Joseph W. Belluck has an AV Peer Review Rating from Martindale-Hubbell -- the highest rating possible that indicates both legal excellence and ethical integrity -- and is listed among the "Best Lawyers in the New York Area" and the "Best Lawyers in America." He has won numerous cases involving injuries from asbestos, defective medical products, tobacco and lead paint.

For more information about the firm, please use its online contact form or call 877-MESOTHELIOMA (877-637-6843).

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