“Reckless Disregard” Results in 100% Mesothelioma Liability for Burnham LLC
A New York jury hearing the details of an 86-year-old contractor’s exposure to asbestos has ordered boiler manufacturer Burnham LLC to pay $22 million in damages to the victim. Though the jury only assessed 25% of the blame for Frank Gondar’s illness to the company, they felt that the reckless disregard the company exhibited warranted them being assessed 100% of the financial responsibility.
New York Mesothelioma Victim Ran His Own Construction Business
The jury hearing 86-year-old Frank Gondar’s case heard that though he had held positions as both a New York City police officer and a teacher, he was exposed to asbestos during the 20 years that he ran his own construction business. His testimony included a long list of asbestos-containing products that he had been exposed to while on the job, but it was the information about his exposure to asbestos from Burnham boilers that made the biggest impression on the group.
Mr. Gondar blamed his malignant mesothelioma diagnosis on the years that he spent doing home renovation projects for his customers and said that though he had not worked directly with Burnham boilers, he had been present on job sites where other contractors were maintaining, repairing, installing, or removing them between 1953 and 1973. His attorneys presented evidence that the company had been aware of the dangers posed by their product but had chosen not to provide warnings of any kind to anybody using them.
Jury Awards Mesothelioma Victim $22 Million in Damages
After hearing the evidence, the mesothelioma jury awarded Mr. Gondar $22 million in compensation, broken down into $12 million for his past pain and suffering and another $10 million for the pain and suffering that they anticipate he will experience between the trial and his eventual death. Though the jury found that Burnham was liable for just 25 percent of Mr. Gondar’s exposure among the several companies named in the suit, they felt that the “reckless disregard” the company had shown for public safety deserved them being forced to pay 100% of the asbestos liability assessed.
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