Record $117 Million Verdict for WTC Sheet Metal Worker Who Developed Mesothelioma Decades After Asbestos Exposure

William Durbec spent years as a Local 28 sheet metal worker helping build the original World Trade Center, cutting and installing ductwork as the towers rose from lower Manhattan. Mario and DiBono Plastering Co. was working on the same floors, spraying asbestos-containing fireproofing onto structural steel columns, floor joists, and decking under a Port Authority contract. Durbec breathed the resulting dust routinely, without any warning that the material contained asbestos.

Decades passed. In 2022, Durbec, then in his 70s, was diagnosed with pleural mesothelioma, a cancer of the lining of the lung caused almost exclusively by asbestos exposure. He and his wife Victoria filed suit in the New York City Asbestos Litigation (NYCAL) docket in New York County Supreme Court.

At trial, Weitz and Luxenberg attorney Brittany Russell presented evidence that Mario and DiBono had applied the asbestos-laden spray fireproofing in Durbec's work areas and that the company knew, or should have known, of the hazard. By the time the case reached the jury, Mario and DiBono was the sole defendant remaining at trial. The Port Authority and Tishman Realty and Construction Co. were also identified as parties to the fault allocation but were not present at the verdict.

On May 22, 2025, the jury returned a verdict of $117 million. The award broke down as $40 million for William Durbec's past pain and suffering, $38 million for his future pain and suffering, $20 million for Victoria Durbec's past loss of consortium, and $19 million for her future loss of consortium. The jury assigned 80 percent of fault to Mario and DiBono, 10 percent to the Port Authority, and 10 percent to Tishman. Justice Mary V. Rosado presided.

The verdict is the largest single-plaintiff asbestos award in New York State history. Post-trial briefing was scheduled to conclude in September 2025 under a schedule set by Justice Rosado; no reduction or reversal has been publicly confirmed as of this writing.