$28.5 Million Verdict for Steamfitter's Asbestos Lung Cancer at World Trade Center

James Petro Sr. spent his career as a union steamfitter, working alongside asbestos-containing materials at large commercial job sites across New York City. The most significant of those sites was the World Trade Center, where Petro worked during construction from 1966 to 1975. Decades later, he was diagnosed with lung cancer. He and his attorneys at Meirowitz and Wasserberg, LLP argued that his disease traced directly to that asbestos exposure.

Trial attorney Danny Kraft led the firm's case in New York County Supreme Court, part of the New York City Asbestos Litigation (NYCAL) docket. Three defendants remained at trial: Mario and DiBono Plastering Company, Tishman Realty and Construction Company, and the Port Authority of New York and New Jersey. The jury heard evidence that Petro worked in close proximity to asbestos insulation and fireproofing materials throughout the WTC project, before adequate safety standards were in place for tradespeople on that site.

The jury returned a verdict of $28.5 million in compensatory damages, allocating $13.5 million for past pain and suffering and $15 million for future pain and suffering. Apportioned fault was set at 30 percent against Mario and DiBono, 25 percent against the Port Authority, and 15 percent against Tishman. The verdict was among the larger asbestos awards in NYCAL in 2023.

The outcome did not hold. Through post-trial discovery, defendants uncovered that Petro's prior legal team, in an earlier asbestosis case handled by a different firm, had filed 35 settlements and 54 bankruptcy trust proofs of claim that were never disclosed during the lung cancer trial. Justice Lyle E. Frank found that those undisclosed records were directly relevant to apportionment, because they identified additional asbestos product manufacturers and exposure sources. He vacated the award and ordered a new trial limited to apportionment and damages.

The vacatur ruling, issued July 23, 2025, drew attention across the asbestos defense bar for its implications on pre-trial disclosure obligations in mass tort cases. As of the date of this writing, retrial proceedings are ongoing in New York County Supreme Court.