asbestos chrysotile fibers that cause lung disease, COPD, lung cancer, mesothelioma Photo Credit: shutterstock

A Manhattan jury has awarded a record-breaking $60 million asbestos verdict to the estate of a man who died from mesothelioma after working for years as a laborer near asbestos-laden boilers and construction implements.

Plaintiff Pietro Macaluso, who resided in Sacramento, California, and who died at age 56 worked as a construction laborer between 1972 and 1982, according to court papers, and was exposed to asbestos dust while working on home improvements and from boilers while working as a plumber's helper.

Daniel Blouin, a shareholder at Simmons Hanly Conroy who represented Macaluso, said in a news release that his client's death was “entirely preventable.”

“All the defendants had to do was warn him,” Blouin said. “No amount is too high for his suffering and his children's loss, but we are satisfied with the result.”

Simmons Hanly attorneys Jim Kramer, Taylor Kerns and Kenneth Danzinger also worked the case.

Kramer said in an interview that he attributes the high jury award, which was handed up after a nine-week trial, to testimony from three corporate representatives who admitted that there was no testing performed and the fact that Macaluso left behind two children who are now 11 years old.

Manhattan Supreme Court Justice Manuel Mendez presided over the case.

David Katzenstein, a member-in-charge at Eckert Seamans Cherin & Mellott who represents defendant A.O. Smith Corp., declined to comment because he was not authorized to discuss the case.

Other defense attorneys on the case did not immediately respond to requests for comment. The other defendants are Burnham and Peerless Industries.

David Keyko, a partner at Pillsbury Winthrop Shaw Pittman who represents asbestos defendants and who was not involved with the Macaluso case, said the jury verdict was the largest award he is aware of for a single plaintiff, but said it was likely that the verdict would be remitted.

“This would certainly appear to be outside of the realm of what courts have been accepting for an appropriate verdict amount,” Keyko said.