New York Judge Upholds $980k Judgment Against Boiler Room Company

The United States Court of Appeals and the 2nd Circuit in New York upheld a $980,000 judgement this week after the plaintiffs in a mesothelioma lawsuit provided substantial evidence of asbestos exposure against a popular boiler room manufacturer.

According to court documents, Kelly Mccormick filed the lawsuit on behalf of her late husband, Kit. L Mccormick, who worked on several boilers at several bases, including Mcconnell Air Force Base in Wichita, Kansas. One of the boilermaker companies, Cleaver Brooks Co. Inc., was named as a defendant after evidence found that their products were filled with asbestos. Cleaver Brooks was responsible for supplying a myriad of boilers to the bases where Mccormick worked.

Mccormick was diagnosed with malignant mesothelioma in 2003 after working at Mcconnell since the 1970s. In 2005, he passed away from his injuries. Two years later Kelly Mccormick filed a lawsuit, naming several defendants in the lawsuit. In her lawsuit she claims that her husband was exposed to asbestos for prolonged periods while working, yet Cleaver Brooks did nothing to warn of the dangers of asbestos fibers. A co-worker of Kit Mccormick also stated that the plaintiff was a dedicated worker who spent long hours repairing boiler parts that were littered with asbestos.

Cleaver Brooks appealed the judgment several times, stating that they were not responsible for Kit Mccormick’s asbestos exposure. The judge, however, disagreed, and upheld the judgement.

This isn’t the first time Cleaver Brooks has faced an asbestos-related lawsuit. In fact, just a few years ago, five plaintiffs sued the company for the same asbestos-related issue as Kit Mccormick. A total of $190 million was awarded to the plaintiffs by a Manhattan Supreme Court jury.The plaintiff’s attorney stated that the outcome is what is needed to ensure all companies that manufactured asbestos-containing products should be liable for damages:

“These tragedies shouldn’t have happened. I hope this verdict sends a message that corporations’ recklessness has a very real impact on people’s lives,” said the attorney.

Sadly, only two of the five victims were alive to see the victory. The other three plaintiffs passed away from mesothelioma cancer caused by prolonged asbestos exposure.

Keep in mind that if you or a loved one have been injured by asbestos due to the negligence of another party, you may be entitled to compensation for pain, suffering, lost wages, and much more. There is currently over $30 billion in asbestos trust funds awaiting future plaintiffs. For more information, contact our leading mesothelioma lawyers today for a free, no-obligation case consultation.

 

Sources:

http://webcache.googleusercontent.com/search?q=cache:adDH9dxiFggJ:https://www.courtlistener.com/pdf/2014/04/10/mccormick_v._cleaver_brooks_co..pdf+&cd=4&hl=en&ct=clnk&gl=us

http://nypost.com/2013/07/24/cancer-victims-win-190-million-in-asbestos-case-the-largest-ever-judgment-of-its-kind-in-new-york-city/

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