New York Jury Awards $38 Million to Construction Worker with Asbestos Lung Cancer, Rejecting Defense That Smoking Was the Cause

Romeo Maffei spent nearly two decades as a construction demolition worker, repeatedly tearing out and removing commercial boilers that contained asbestos. Burnham LLC, the boiler manufacturer, knew its products contained asbestos, but Maffei was never warned. By 2017, he had been diagnosed with lung cancer.

The case went to trial in New York County Supreme Court within the New York City Asbestos Litigation docket, known as NYCAL. Burnham was the only defendant that chose to litigate; the other named defendants had settled before trial. The defense centered on Maffei's 40 years of smoking, arguing that his cancer was the result of tobacco rather than asbestos, and noting that he did not present with other asbestos-related conditions such as mesothelioma or pleural plaques.

Weitz and Luxenberg attorney Brandon Perlman led the trial team and credited strong expert testimony with dismantling that argument. Plaintiffs' experts explained that smoking and asbestos exposure interact: tobacco damages the airways' natural defense mechanisms, making it easier for asbestos fibers to accumulate deep in lung tissue. The combination is more dangerous than either exposure alone. Perlman argued that Burnham had been aware of the asbestos hazard for years and had not warned workers like Maffei who handled its boilers.

The jury deliberated and returned a compensatory damages verdict on August 3, 2023, followed by a punitive damages verdict a day later. The total award came to $38 million: $31.5 million in compensatory damages (including $6.6 million for past pain and suffering and $19.9 million for future pain and suffering) and $6.5 million in punitive damages. Maffei's wife Rosa received $2 million for past loss of consortium and $3 million for future loss of consortium. The jury assigned 85% of fault to Burnham and 15% to Maffei.

Burnham appealed. In July 2024, a trial court denied Burnham's motion to set aside the verdict or reduce the damages as excessive. Burnham pressed the challenge further, but in March 2025 the New York Appellate Division, First Department, unanimously affirmed the judgment. The appellate court found that plaintiffs' expert testimony adequately established causation and that Burnham's documented history of using asbestos despite knowledge of its dangers supported the punitive damages award. The $38 million verdict stands.