Attorneys

Practice Areas

December 8, 2011

BUFFALO, NEW YORK – The law firm of Lipsitz & Ponterio, LLC is pleased to announce that after a two week trial presided over by New York Supreme Court Justice (retired) Hon. John P. Lane, J.H.O.,  an Erie County jury delivered a verdict in favor of Gerald Failing in the amount of $2 million dollars.  Mr. Failing, 66, was diagnosed with peritoneal mesothelioma in December 2010.  He resides in Niagara Falls, New York with his wife Kathleen.

Peritoneal mesothelioma affects the lining of the abdomen, and it is a rare form of cancer caused by exposure to asbestos.

Beginning in 1966, Gerald Failing worked in the compound department at Durez Plastics in North Tonawanda, New York.  Durez was a manufacturer of industrial resins and phenolic molding compounds.  While working in the compound department, Mr. Failing used raw asbestos fibers to make granulated plastic molding compounds, a base material for plastic products. Some of the raw asbestos that Mr. Failing poured and mixed at Durez was supplied by Hedman Resources Ltd., a Canadian asbestos mining company. Dumping and mixing raw asbestos fibers gives rise to a great deal of airborne asbestos contamination, which also created visible dust in Mr. Failing’s work area.

The jury in this case assigned 100% of the responsibility for damages to defendant Hedman for causing Mr. Failing’s injuries. The jury also found that Hedman’s actions were taken with reckless disregard for the safety of others.

“This verdict is an excellent victory for Mr. Failing and workers like Mr. Failing who were not adequately protected in the workplace. It was a privilege to represent Mr. Failing in this case, and we are very pleased with the jury’s findings,” said Keith R. Vona, an attorney at Lipsitz & Ponterio who, together with attorney Michael A. Ponterio, a partner at Lipsitz & Ponterio, represented Mr. Failing during this trial. 

This case was filed in New York State Supreme Court for Erie County, Index No: 142698

About Lipsitz & Ponterio, LLC:

Lipsitz & Ponterio, LLC, established in 1995, concentrates its practice in the areas of asbestos disease and lead poisoning litigation, medical malpractice, insurance liability, personal injury and worker’s compensation matters. The Firm has achieved thousands of settlements and numerous verdicts on behalf of its clients who were harmed by toxic substances. For more information, visit Lipsitz & Ponterio’s website at www.lipsitzponterio.com.

  ###