Related Jobsites

2013 Spring

After a week-long trial in September 2012, Lipsitz & Ponterio obtained a cash settlement in excess of $2.5 million on behalf of a former Durez plant worker for injuries resulting from job-related exposure to asbestos. Our client was diagnosed with mesothelioma in September 2011 at the age of sixty-four.           

Subsequent to his diagnosis, he had extensive surgery involving the removal of his left lung and the lining around his heart and diaphragm. He brought suit against several companies responsible for the sale, manufacture and distribution of a variety of asbestos-containing products. Due to the confidential nature of the settlement, the plaintiff’s family cannot disclose the names of the settling parties nor the amount each company contributed to the overall settlement.

Our client worked at Durez Plastics in North Tonawanda from 1969 to 1974, where he used raw asbestos fibers to make granulated plastic molding compounds, a base for plastic products.   As part of his duties, he emptied bags of raw asbestos fibers into grinders used in the production of plastic molding compounds. Handling, dumping and mixing raw asbestos fibers gave rise to  airborne asbestos contamination, creating visible dust in his work area. Despite their knowledge of the harmful effects of asbestos, the companies supplying the raw asbestos failed to provide any  warnings on their bags of asbestos.

After a lengthy battle with mesothelioma, our client passed away in October 2012. He was married to his wife for over forty years and had three children and seven grandchildren. He spent many years coaching youth hockey teams, and he was active in other community organizations.

Lipsitz & Ponterio attorneys, Michael Ponterio and Mathew Morton, represented our client, and after a week-long trial, the case settled for over $2.5 million. Our client’s mesothelioma was caused by exposure to a variety of asbestos-containing products, including raw asbestos sold in bags.  Lipsitz & Ponterio is proud of the fact that this case was litigated through the court system and successfully resolved within one year of the filing of the lawsuit.