Premises Defendant Granted Conditional Mandamus Relief in Finding the Lower Court Abused its Discretion in Ordering a New Trial Following a No Liability Jury Verdict

The plaintiff’s decedent, Willis Whisnant, Jr., worked as a pipefitter at various plants from 1947 through 1986. He worked off and on at DuPont from 1966 through 1975, where he was allegedly exposed to airborne asbestos fibers. The decedent, who had a 40-year smoking history, was diagnosed with lung cancer in 1997. He commenced his personal injury action in 1998 and died, prior to trial, in 1999. Nine years after the original suit was commenced, the plaintiff’s attorneys engaged additional experts who opined that decedent’s …

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NYCAL Issues Bombshell Decision, Ruling Exposure to Friction Products Is Incapable of Causing Mesothelioma and Rejecting the Cumulative Exposure Theory

In a decision that could change the landscape of NYCAL asbestos litigation in New York, Justice Barbara Jaffe issued a post-trial decision following an $11 million verdict against Ford, essentially precluding Drs. Steven Markowitz and Jacqueline Moline on Frye grounds because there is no established scientific connection between exposure to friction products and mesothelioma. Additionally, Justice Jaffe ruled that the plaintiff’s theory of cumulative exposure without quantifiable exposure is insufficient to establish legally sufficient asbestos exposure.

Justice Jaffe determined that the testimony of the plaintiff’s …

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