Recently, Weitz & Luxenberg achieved its largest ever win of $117 million in a trial victory for a 75-year-old man. This win is also the largest verdict ever in New York State history on behalf of a single plaintiff in asbestos litigation.
“It was clear to the jurors that both our client and his wife have suffered tremendously since his mesothelioma diagnosis at 72 years of age, three years ago. The jury unanimously awarded the couple $117 million, a fair and just decision given all that he has endured,” Weitz & Luxenberg attorney Brittany Russell said.
Our client was diagnosed with pleural mesothelioma in 2022. He was exposed to asbestos from 1968 to 1983 through his work as a career Local 28 Sheet Metal Worker and from his service in the Marines from 1969 to 1971.
The trial centered around his exposure to asbestos containing fireproofing during construction of the original World Trade Center (WTC) in the1970s. Mario & DiBono Plastering Co., the contractor who installed the sprayed-on asbestos containing fireproofing at the WTC, was the sole remaining defendant when the jury rendered its verdict. The jury assigned Mario & DiBono 80% of the fault.
“What’s really heartbreaking,” said Ms. Russell, “is that the defendant knew the asbestos containing fireproofing material they used could kill people. They could have warned workers of the danger. They could have taken safety measures to protect workers from the hazard. But they didn’t.
“Their actions were careless and unconscionable. Although the harm the defendant caused cannot be undone, I hope the jury’s decision gives our client some peace and resolution.”
Jury Awards Historic Win After Four Weeks
The trial began with jury selection on April 3, 2025. Opening statements were given on April 22. The jury reached a verdict on May 22. The unanimous New York County jury awarded our client:
- $40 million for past pain and suffering.
- $38 million for future pain and suffering.
The jury also awarded his wife:
- $20 million for past loss of consortium.
- $19 million for future loss of consortium.
“Our client appeared in court on three days, including the day he testified,” said Ms. Russell. “We rented a wheelchair because he could not walk the distance from the car to the courtroom. He also requires oxygen 24/7. He could not be in Court to hear the verdict, but is so appreciative of the jurors’ service and verdict.”
So far, our client has endured three years of chemotherapy, multiple surgeries, and immunotherapy. His condition is terminal.
WTC 100% at Fault in Asbestos Trial
After hearing all the testimony, the jury found that Mario & Dibono was 80% liable. The jury allocated 10% each to the Port Authority (the owner of the WTC) and Tishman Realty & Construction Co. (the construction supervisor of the WTC).
Our client was exposed to asbestos-containing fireproofing. Workers sprayed the elevator shaft and other locations during the original construction of the WTC. He was exposed to the fireproofing when he had to scrape it off beams to hang ducts. He was repeatedly exposed to asbestos without being warned of the hazards.
The previous record for the largest New York State verdict for a single asbestos injury plaintiff was set in 2017 for $75 million. It was on behalf of a woman exposed to asbestos dust brought home by her husband, on his work clothes that she laundered.
Have you or a loved one been exposed to asbestos? Call today for a free consultation.
(917) LAWYERSW&L, Holding Reckless Companies Accountable for Decades
Weitz & Luxenberg was founded in the mid-1980s specifically to help victims of asbestos exposure. Companies that outright endanger people’s lives by exposing them to asbestos are some of the most unconscionable out there. These companies should know better, but when it comes to making money, some companies are willing to do just about anything.
That’s where Weitz & Luxenberg comes in. We’ve been doing what we’ve been doing for a long time, and we’ve gotten really good at it: holding reckless, seemingly untouchable companies accountable. Over the years we’ve secured over $19 billion on our clients’ behalf.
As long as there are companies willing to do just about anything for profit, we will be right there fighting for justice on behalf of our clients.
