Legal Newsline

Wednesday, February 26, 2020

Four-month asbestos trial ends with $12.5M verdict for three N.Y. construction workers

By Heather Isringhausen Gvillo | Apr 1, 2014


NEW YORK (Legal Newsline) - A New York Supreme Court jury has awarded a $12.5 million verdict for three construction workers' families in a four-month long asbestos trial.

The four-month legal battle began in Justice Barbara Jaffe's courtroom in November and came to an end on March 18 with a $12.5 million award in damages.

Represented by the Weitz & Luxenberg law firm, claimants Harry Brown, Patrick McCloskey and Carl Terry were each diagnosed with mesothelioma. Interview requests from the law firm have gone unanswered.

Brown worked as an insulator in the 1950s and 1960s building power houses for Consolidated Edison Co. of New York. Brown was a member of the Heat and Frost Insulators Local 12 Union during his employment.

The jury awarded Brown's estate $3.5 million and found Con Edison 30 percent liable.

McCloskey worked as a steamfitter during the original construction of the World Trade Center. He alleges his exposure is due to asbestos fireproofing spray applied during construction.

Defendant Mario & DiBono Plastering Co applied the asbestos spray was found to be 25 percent liable for acting with reckless disregard for the safety of those working at the site.

The Port Authority of New York and New Jersey owned the World Trade Center site, and its general contractor and agent Tishman Realty and Construction were both found not liable in both the Brown and McCloskey cases.

McCloskey's estate was awarded $6 million.

However, Mario & DiBono was found not liable in Brown's case. Likewise, Con Edison was found not liable in McCloskey's case.

McCloskey was a member of the Steamfitters Local 638 Union during his career.

Terry worked as an electrician with the International Brotherhood of Electrical Workers Local 1 Union. He worked at job sites throughout New York. Eaton Corp. and Cutler Hammer Inc. manufactured asbestos-containing electrical components and were the only defendants in Terry's suit left at the time of verdict.

The jury awarded Terry's estate $3 million and found Eaton and Cutler Hammer 15 percent liable.

Jaffe entered an order on March 20 providing the eight jurors with a lifetime exemption from further jury service in New York County because the group served for more than 30 days during the course of this trial.

From Legal Newsline: Reach Heather Isringhausen Gvillo at

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Organizations in this Story

New York Supreme CourtInternational Brotherhood of Electrical Workers