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2013

TOP VERDICTS NY

TOP 10 NEW YORK CASE SUMMARIES OF 2013

NUMBER ONE
Burnam Corp., that the insulation’s manufacturers included Cleaver-Brooks and that
his mesothelioma was a result of his inhalation of fibers of the insulation’s asbestos.
Assenzio, Brunck, Levy, Serna and Vincent sued Burnam Corp., an affiliated corporation,
PRODUCTS LIABILITY
Burnham LLC, Cleaver-Brooks, and many other companies that were believed to have
manufactured and/or distributed products that contained asbestos.
Asbestos — Failure to Warn
The plaintiffs alleged that the defendants failed to provide warnings that disclosed the

Men’s cancer stemmed from exposure to dangers that could have stemmed from exposure to their products’ asbestos. The cases were
consolidated. Assenzio, Brunck and Vincent died after the suits had been filed. Their claims
asbestos, suit alleged
were continued by their respective estates. Several defendants were dismissed; plaintiffs’
counsel discontinued the claims against others; and other defendants negotiated settlements.
The matter ultimately proceeded to a trial against Burnham Corp. and Cleaver-Brooks.
Plaintiffs’ counsel claimed that the defendants’ executives and managers knew that their
respective companies manufactured products that contained asbestos. Plaintiffs’ counsel AMOUNT
$190,000,000
noted that the companies distributed literature that acknowledged that they manufactured

products that contained asbestos. Plaintiffs’ counsel further claimed that the executives TYPE Verdict-Plaintiff
and managers should have known that asbestos’s fibers could not be safely inhaled. They CASE Assenzio v. A.O. Smith Water Products, Co.
claimed that asbestos’s dangers have been widely publicized since the 1930s, and they VENUE New York County Supreme Court
contended that the defendants’ products’ packages should have displayed warnings that JUDGE
Joan A. Madden
disclosed the dangers that could have stemmed from exposure to asbestos.
The jury heard testimony by representatives of Burnham and Cleaver-Brooks. The DATE
July 23, 2013
witnesses acknowledged that the companies specified use of products that contained

asbestos, that the companies did not conduct tests that measured the products’ release TRIAL
of asbestos, and that the products’ packages and manuals did not contain warnings that LENGTH
11 weeks
disclosed asbestos’s dangers. Defense counsel contended that plaintiffs’ counsel could
not prove that Assenzio, Brunck, Levy, Serna and Vincent used any product that was JURY VOTE
6-0
manufactured by either defendant, that the defendants’ products were not a substantial
cause of the men’s mesothelioma and that warnings would not have altered the men’s INJURY
manner of use of the defendants’ products.
TYPE(S)
death, radiation therapy, cancer, lung cancer, chemotherapy,

The defense’s expert hygienist claimed that Levy was exposed to chrysotile asbestos, mesothelioma
and he contended that chrysotile asbestos was not a likely cause of Levy’s cancer. The
defense’s expert pulmonologist opined that Levy’s cancer was not caused by asbestos. PLAINTIFF
Plaintiffs’ counsel presented an expert pathologist, Dr. James Strauchen, who disagreed.
ATTORNEY(S)
Adam R. Cooper, Danny R. Kraft, Jr., Kyle A. Shamberg, Daniel Horner
& Daniel P. Blouin of Weitz & Luxenberg, P.C.; New York, NY
INJURIES/DAMAGES In December 2011, Assenzio learned that he was suffering cancer of a
lung. He underwent treatment that included chemotherapy and the application of radiation, but PLAINTIFF

his disease could not be eradicated. He died on March 21, 2013. Assenzio, 83, was survived by EXPERT(S)
Neil Schachter M.D.; Pulmonology; New York, NY
a wife and three children. Assenzio’s estate sought recovery of damages for Assenzio’s pain and David Rosner Ph.D.; Paints/Coatings; New York, NY
suffering. The estate also sought punitive damages, but that claim was precluded. Assenzio’s David Schwartz M.D.; Pathology; Atlanta, GA
widow, Annatolia Assenzio, sought recovery of damages for loss of consortium.
James Strauchen M.D.; Pathology; New York, NY
In January 2012, Brunck learned that he was suffering mesothelioma. He underwent Nathan Rothman ; Pulmonology; Baldwin, NY
treatment that included chemotherapy, the application of radiation and a pleurectomy, Steven Markowitz M.D.; Environmental Sciences; New York, NY
which involved the removal of the lining of his lungs. His disease could not be eradicated,

and he died on June 22, 2012. Brunck, 73, was survived by a wife and four children. DEFENDANT
Brunck’s estate sought recovery of damages for Brunck’s past pain and suffering. The EXPERT(S)
Sheldon Rabinovitz; Industrial Hygiene; Washington, DC
estate also sought punitive damages, but that claim was precluded.
Benjamin Safirstein; Pulmonology; Montclair, NJ
In November 2011, Levy learned that he was suffering cancer of a lung. Doctors also rendered
a possible diagnosis of mesothelioma. Levy underwent chemotherapy and the application of FACTS & ALLEGATIONS In February 2011, plaintiff Cesar Serna learned that he was
radiation, but his disease has not been eradicated. Levy sought recovery of damages for past suffering mesothelioma, which is an aggressive, incurable cancer that often stems from
and future pain and suffering. He also sought punitive damages, but that claim was precluded. exposure to asbestos. During his career, Serna, a laborer, handled and demolished boilers
Levy’s wife, Roslyn Levy, sought recovery of damages for loss of consortium.
whose components contained asbestos. He claimed that the boilers’ manufacturers

In February 2011, Serna learned that he was suffering mesothelioma. He underwent included Burnam Corp., which is a subsidiary of Lancaster, Pa.-based Burnham Holdings
treatment that included chemotherapy, the application of radiation and a pleurectomy, Inc. Serna further claimed that his mesothelioma was a result of his inhalation of fibers
but his disease has not been eradicated. Serna sought recovery of damages for past and of asbestos that was contained in the boilers’ components.
future pain and suffering. He also sought punitive damages, but that claim was precluded.
In September 2011, plaintiff’s decedent Raymond Vincent learned that he was
In September 2011, Vincent learned that he was suffering mesothelioma. He underwent suffering mesothelioma. During his career, Vincent, a steamfitter, handled boilers whose
treatment that included chemotherapy, the application of radiation and a pleurectomy, but components contained asbestos. Vincent claimed that the boilers and/or their components
his disease ultimately claimed his life. Vincent was survived by two daughters. Vincent’s were manufactured by companies that included Burnam Corp. and/or Thomasville,

estate sought recovery of damages for Vincent’s pain and suffering. The estate also sought Ga.-based Cleaver-Brooks. He further claimed that his mesothelioma was a result of his
punitive damages, but that claim was precluded.
inhalation of fibers of asbestos that was contained in the boilers’ components.
In November 2011, plaintiff Paul Levy learned that he was suffering cancer of a
RESULT The jury found that the defendants failed to provide adequate warnings that lung. During a period that spanned 1951 and 1966, Levy, a pipe fitter, worked at New
disclosed asbestos’s dangers. The jury determined that damages totaled $190 million.
York’s Brooklyn Navy Yard. His tasks included the handling of the pipes of distillers
Mr. Assenzio’s estate’s damages totaled $20 million, and Ms. Assenzio’s damages that processed saltwater. He claimed that his cancer was a result of his inhalation of
totaled $10 million. Cleaver-Brooks was assigned 28 percent of the liability, and the fibers of asbestos that was contained in the pipes’ insulation. He further claimed that the

remaining liability was assigned to parties that were not involved in the trial.
insulation’s manufacturers included Cleaver-Brooks.
Brunck’s estate’s damages totaled $20 million. Burnham was assigned 25 percent of In December 2011, plaintiff’s decedent Santo Assenzio, 82, learned that he was
the liability; Cleaver-Brooks was assigned 15 percent of the liability; and the remaining suffering cancer of a lung. During a period that spanned 1946 and 1986, Assenzio, a
liability was assigned to parties that were not involved in the trial.
plumber, handled pipes whose insulation contained asbestos. He claimed that his cancer
Mr. Levy’s damages totaled $50 million, and Ms. Levy’s damages totaled $10 million. was a result of his inhalation of fibers of the insulation’s asbestos. He further claimed that
Cleaver-Brooks was assigned 24.9 percent of the liability, and the remaining liability was the insulation’s manufacturers included Cleaver-Brooks.
assigned to parties that were not involved in the trial. Serna’s damages totaled $60 million.
In January 2012, plaintiff’s decedent Robert Brunck, 73, learned that he was suffering

mesothelioma. During his career, Brunck, a plumber, handled boilers and pipes whose
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insulation contained asbestos. He claimed that the boilers’ manufacturers included

10 VerdictSearch’s Top New York Settlements of 2013