Back in June 2008, we reported on the largest asbestos verdict ever awarded in New Jersey. The lawsuit pertained to the untimely death of Mark Buttitta, who succumbed to mesothelioma just before his 50th birthday.
Buttitta had been exposed to asbestos through his father, who worked at a GM warehouse as a parts picker. Buttitta also worked at the warehouse during the summers when he was a young man.
In our June 2008 post, we reported that Buttitta’s surviving wife and three daughters were awarded a huge $30.3 million dollar verdict. The breakdown goes like this: $8 million for pain and suffering, $2 million for loss of consortium, $9,281,660 for loss of earnings, $2,030,544 for loss of services, and $3 million for loss of parental care and guidance for each of Buttitta’s three daughters.
Since that time, the defendants have fought hard trying to appeal and reverse this decision. Falling on several tactics to shirk their responsibility, they have argued that the judge was mistaken in each of these categories:
- causation
- the admission of plaintiff’s expert testimony
- Borg-Warner’s claims against settling defendants; and,
- its motion for a remittitur.
After a long and careful review, no errors were found in any of the judge’s rulings. The judgment and award for $30.3 million will stand.
For an excellent and detailed account of each argument for and against the defendants’ claims of judgment error, visit BUTTITTA v. ALLIED SIGNAL, INC. at Leagle.com.
For some background information on this case, see our previous post, Brake Pads Send Home Asbestos On Dad’s Clothes to Kill the Son.
