Strong expert testimony helped a team from Weitz & Luxenberg secure a $38 million verdict in an asbestos case, despite the plaintiff’s decadeslong smoking history, according to lead trial counsel Brandon Perlman.

A Manhattan jury last month found commercial boiler manufacturer Burnham LLC 85% liable for plaintiff Romeo Maffei’s stage-four lung cancer due to asbestos exposure. The panel awarded Maffei and his wife in compensatory damages, and notably tacked on $6.5 million in punitive damages. Jurors found plaintiff 15% liable as a smoker.

‘Addressing It Head-On’

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