New York's Largest Asbestos Verdict: $190 Million for Five Tradesmen with Mesothelioma

Five men who spent their working lives as steamfitters, plumbers, and construction workers in the New York metro area were each diagnosed with mesothelioma after years of contact with asbestos-laden products. The cases were consolidated for a single trial in the New York City Asbestos Litigation (NYCAL) docket, heard before Judge Joan Madden in Manhattan Supreme Court.

The defendants, Cleaver-Brooks Inc. and Burnham LLC, manufactured commercial boilers whose insulation and gaskets contained asbestos. Plaintiffs' counsel argued that both companies knew for decades that their products released asbestos fibers into the air during installation, maintenance, and repair, yet failed to warn the tradespeople most likely to be exposed. By the time each of the five men was diagnosed, mesothelioma had already advanced; three of them died of complications related to the disease before or during proceedings.

The Weitz and Luxenberg trial team, led by Adam Cooper and Danny Kraft Jr. alongside Daniel Blouin, spent more than eighteen months preparing the case. Opening statements began on May 10, 2013. Counsel presented evidence tracing each plaintiff's work history to specific boiler models, established the timeline of the defendants' internal knowledge of asbestos hazards, and showed that safer substitutes were commercially available when the companies chose not to act.

The jury returned its verdict on July 24, 2013, finding that Cleaver-Brooks and Burnham had acted negligently and with reckless disregard for human life. The total award came to $190 million across all five plaintiffs. Two of the men received $60 million each, amounts believed to be the largest individual sums ever awarded in a New York asbestos case at the time. The jury apportioned fault among the trial defendants and non-party manufacturers separately in each plaintiff's case.

The verdict faced post-trial challenges. In February 2015 the trial court reduced the award to just under $30 million, and further appellate proceedings cut the defendants' exposure further, with Burnham ultimately liable for approximately $7 million.