Maffei vs. Burnham, LLC. Index no. 190378/2018; Judge Mary V. Rosado, 10-11-23.Attorney for plaintiff: Pierre Ratzki of Weitz & Luxenberg, P.C. in New York, NY. Attorney for defendant: Peter J. Dinunzio of Clyde & Co US LLP in New York, NY.

In this asbestos case, the plaintiff asserted that frequent exposure to asbestos from his work with the defendant's products over the course of 17 years caused him significant, permanent injury. The defendant denied negligence, arguing that it did not mine or manufacture asbestos and that it did not engage in any action to conceal information about asbestos hazards. From 1976 to 1993, the plaintiff worked for contracting businesses doing mainly demolition work wherein he removed hundreds of boilers manufactured by the defendant boiler manufacturer. The plaintiff claimed that, during that time, he was exposed to asbestos on multiple occasions while performing demolition of boilers and asbestos-covered pipes in residential and commercial settings. In order to demolish and remove the boilers, it was necessary to break or saw them into smaller pieces. The process of breaking and sawing apart the boilers and pipes, and sweeping up and cleaning the area after removal, launched asbestos dust into the air which the plaintiff routinely breathed in. The plaintiff experienced frequent, substantial exposure to asbestos-containing materials during 27 years of removal of insulation, gaskets, and clean-up work. The plaintiff contended that the defendant negligently manufactured, sold, and installed boilers and gaskets insulated with asbestos and failed to place warnings about the inclusion of asbestos on their products. The plaintiff argued that the defendant had knowledge that asbestos causes cancer and chose not to warn, at the risk to the health and lives of others. The plaintiff testified that he never saw any warning about the dangers of asbestos on any of the boilers he removed nor did he know that asbestos was harmful or could cause cancer. Because of the lack of warnings and the plaintiff's not knowing about the presence or dangers of asbestos products, he did not wear a mask or respirator while performing demolition work. The plaintiff alleged that the repeated asbestos exposures contributed substantially to his development of lung cancer. The plaintiff and his wife were married for 44 years at the time of trial and had two daughters. The plaintiff wife made a claim for loss of consortium due to her husbands illness. At trial, the plaintiff presented experts on causation including a certified industrial hygienist, who testified as to the asbestos practices, breathing zones measurements, and calculation of the plaintiff's exposures. The plaintiff also presented a thoracic expert as to the connection between the plaintiff's exposure and the synergistic effect of smoking and asbestos exposure, and the specific causation of the plaintiff's lung cancer as having been absolutely connected to his asbestos exposure. As a result of his asbestos exposures, the plaintiff developed stage 4 metastatic non-small cell carcinoma, diagnosed in 2017, which metastasized to his brain. The plaintiff testified extensively as to his pain and suffering and the impact of his diagnosis on his family life and the painful treatments he endured, including radiation, chemotherapy, and multiple surgeries. Following his...