BMM Partner fights for a defense verdict in asbestos trial

Dietz v. Fulton Boiler Works, Inc. Index No.: 105736/99
Supreme Court New York County

On October 25, 2010 a New York County jury returned a verdict in favor of defendant Fulton Boiler Works, Inc. Plaintiff Arthur Dietz alleged that he was caused to develop mesothelioma, a cancer associated with asbestos exposure, due to his work in maintaining a Fulton Boiler he owned. Defendant argued that Mr. Dietz had developed his mesothelioma as a result of exposure to asbestos containing products used earlier in his career in the Navy, and at powerhouses and construction sites. The jury found that exposure to asbestos from Fulton’s equipment was not a substantial factor in causing Mr. Dietz’s mesothelioma. Plaintiff was represented by Danny Kraft, Jr. and Douglas Von Oiste of Weitz & Luxenberg. Fulton Boiler Works, Inc. was represented by Suzanne M. Halbardier and Shawnette A. Fluitt of Barry, McTiernan & Moore. Martin Shulman was the presiding Justice.