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October 24, 2012

BUFFALO, NEW YORK – The law firm of Lipsitz & Ponterio, LLC is pleased to announce that, after a two week-long trial presided over by New York State Supreme Court Justice (retired) Hon. John P. Lane, J.H.O.,  an Erie County jury delivered a verdict in favor of the family of Gerald Suttner in the amount of three million dollars.  Mr. Sutter was diagnosed with mesothelioma in October 2010 and died on  October 31, 2011.  He is survived by his wife, Joanne Suttner, and three children.

Mesothelioma is a rare and generally incurable form of cancer caused by exposure to asbestos.

Gerald Suttner worked as a pipefitter at the GM Powertrain Facility in Tonawanda for 36 years. Beginning in 1964, Mr. Suttner’s work as a pipefitter included repairing valves manufactured by Crane Co. This work required him to remove and replace asbestos gaskets and packing materials creating visible dust in the process. Despite its knowledge of the harmful effects of asbestos since the early 1930s, Crane continued to incorporate asbestos into its products without warning the user.

The jury assigned 4% of the responsibility for damages to Crane and the remaining percentages of responsibility to other entities, including those defendants which settled before trial.

“Mr. Suttner worked hard in order to provide for his family, and he always played by the rules.  Born out of wedlock and raised by his grandparents, he was determined throughout his life to help other people struggling under difficult circumstances. It appears that this jury sent a strong message to defendant Crane that it, too, should have played by the rules that govern honorable behavior by warning Mr. Suttner about the dangers of handlings its products, said Michael A. Ponterio, a partner at Lipsitz & Ponterio who, together with Lipsitz & Ponterio attorneys John P. Comerford and Joseph Kremer, represented Mr. Suttner during this trial. Attorney Myles Epperson of Simmons Browder Gianaris Angelides & Barnerd, LLC served as co-counsel in this case.

This case was filed in New York State Supreme Court for Erie County, Index No: I20120-12499.

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 harmed by toxic substances. For more information, visit Lipsitz & Ponterio’s website at www.lipsitzponterio.com.

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