WESTLAW JOURNALS, Sept. 16 - A jury in New York has awarded $32 million in damages to a Navy veteran who developed mesothelioma after being exposed to asbestos while serving on ships over an 18-year career.

A defense lawyer said a certain appeal will settle important issues for the future of asbestos litigation in New York.

The damages represented $16 million for past pain and suffering and $16 million for future pain and suffering.

The jury in the New York County Supreme Court found defendant Crane Co. 99 percent liable and Elliott Turbomachinery Co. 1 percent liable.

Terry Budd of K&L Gates, national counsel for Crane, said the award is in “clear violation of New York appellate case law” as excessively high.

Budd said Crane will ask Judge Joan A. Madden to reduce the amount.

He said an award of about $3 million would be more in line with judgments in cases where similar injuries were alleged.

Plaintiff Ronald Dummitt served on Navy ships from 1960 to 1977.  He said he worked as a fireman and boiler tender and was exposed to asbestos when he repaired valves made by Crane Co.

He also said he was exposed to asbestos in Elliott products when he removed and replaced lagging pads and manhole gaskets.

During the eight-week trial, the plaintiff called four expert witnesses:

•           Dr. Jacqueline Moline on occupational medicine.

•           Dr. Barry Castleman on public health.

•           Richard Hatfield, a materials analyst.

•           Dr. Gerritt Kimmey, Dummitt’s treating oncologist.

Timothy Eves of Eves Law Firm represented Dummitt.  He said in a statement that the verdict “represents all that a just and civil society can do to redress the harm caused by culpable companies.”

Budd said Crane will appeal the judgment.

He said Dummitt stipulated he had never been exposed to any asbestos product made by Crane but claimed exposure to asbestos in replacement parts not made by the company.

Judge Madden denied Crane’s request to assert a government contractor defense and the sophisticated-user doctrine, as well as its bid to have the Navy listed on the jury verdict form, Budd said.

He said the case will bring four important issues in asbestos litigation before a New York appeals court for the first time:

•           Liability for replacement parts.

•           The government contractor defense.

•           The sophisticated-user doctrine.

•           Including the Navy as a party on verdict forms.

Attorneys:

Plaintiff: Timothy Eves, Eves Law Firm, Huntington, W.Va.; Jordan Fox, James Long, Bryan Belasky and Seth Dymond, William Papain, Belluck & Fox, New York

Defendant (Crane): Jeffrey S. King and Tara Pehush, K&L Gates, New York

Defendant (Elliott): Katharine S. Perry, Adler, Pollock & Sheehan, Boston

Dummitt v. A.W. Chesterton Inc. et al., No. 19016/10, verdict returned (N.Y. Sup. Ct., N.Y. County Aug. 17, 2011).