Boston-based Thornton Law Firm and Waters Kraus & Paul of Dallas secured two major verdicts against New England Insulation, a Canton, Mass. firm that distributed and installed asbestos insulation
materials until the early 1970s.
On Oct. 2, the firms secured a $6.8 million jury award on behalf of the widow and estate of a mesothelioma victim. Insulator Timothy Ross passed away in 2013 after years of handling asbestos-based insulation materials as part of his job under New England Insulation’s supervision. Amy Ross, his widow, pursued the case individually and on behalf of his property. The plaintiff contended that the defendant knew of the risks of handling asbestos but did nothing to warn Ross of the dangers, nor did they change insulation materials during his employment.
“We’re very happy with the verdict reached by the jury,” said attorney Andrew Wainwright of Thornton Law Firm. “They recognized the pain the Ross family endured through the years and rightfully held New England Insulation responsible for their actions.”
Lead trial attorney and Waters Kraus & Paul partner, Peter Kraus, commented on the outcome saying that, “this verdict, right on the heels of [another verdict against New England Insulation], demonstrates that teamwork and a strong case with clear exposure and liability evidence can extend the scope of responsibility to all sellers, who knowingly provide harmful products to unsuspecting consumers.”
The case is Civil Action No. 13-5580; Amy Ross Individually and as Personal Representative of the Estate of Timothy J. Ross v. A.O. Smith Corporation, et al; Middlesex County Superior Court, Commonwealth of Massachusetts.
This verdict was the second of two recent multimillion-dollar verdicts that the firms have secured against New England Insulation. On Sept. 21, another Boston jury returned a verdict of $7.55 million for Gerald Sylvestre, a former New Hampshire energy plant employee who filed suit against the company. Sylvestre oversaw equipment for the plant and was exposed to asbestos by NEI workers performing asbestos insulation work on-site.
According to court documents, Sylvestre was diagnosed with mesothelioma two years ago, but enjoyed good health prior to his diagnosis. He has endured multiple surgeries and chemotherapy to diagnose and treat his mesothelioma, commenting that “It was an extremely difficult period.”
The case is Civil Action No. 15-7031; Gerald and Marjorie Sylvestre v. New England Insulation Company; Middlesex County Superior Court, Commonwealth of Massachusetts.