According to a report on LAW.COM, a New Jersey appellate court upheld a verdict of $30.3 million, awarded to a mesothelioma victim.  Mesothelioma is a cancer of the lining around the lung caused by exposure to asbestos. 

The suit was brought by the wife of Mark Buttitta, who died from mesothelioma in 2002.  Buttitta’s father worked at a GM warehouse where he came into contact with asbestos containing products, such as brakes and clutches.  Buttitta was also exposed to asbestos when he worked in a GM warehouse as a college student.

Several defendants were sued, but only two defendants, Borg-Warner Corp. and Asbestos Corp. LTD. were remaining in the case at the time of trial.  Borg-Warner claimed that their products were not at the warehouse where Buttitta worked, and the claim was hard to prove because Borg-Warner had previously destroyed records of sales of their products to GM facilities.  However, John Fronig, a former GM manager testified in a case in Texas that Borg-Warner was the “prime” supplier of clutches to GM from the early 60’s until the mid-80’s. 

ACL, a Canadian company, was a major asbestos supplier to GM.  They asked the court to find that there was no personal jurisdiction over the company, because they are Canadian.  ACL also refused to participate in discovery in the case and was sanctioned, by striking their answer and defenses in the case.  ACL lost their appeal on all issues.

The verdict, the largest known verdict in New Jersey history, included $8 million for pain and suffering, $2 million for loss of consortium, $9 million for lost earning capacity, $2 million for loss of services, and $3 million to each child for loss of parental care.

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