ESTATE OF GEORGE J. LEDSON, Deceased, (09/2152/B) — This is a proceeding brought by George Anthony Ledson a/k/a George A. Ledson (the petitioner), as administrator of the estate of George J. Ledson (the decedent), for leave to compromise and settle a cause of action for the conscious pain and suffering of the decedent. The petitioner brought an action in the Supreme Court of the State of New York, New York County, against Fibreboard now being administered through the Fibreboard Trust (“Fibreboard”), Armstrong World Industries now being administered through the Asrmstrong World Industries Trust (“Armstrong”), KACC Asbestos PI now being administered through the KACC Asbestos PI Trust (“KACC”), National Gypsum Co. Trust (“Gypsum”), and Pfizer Inc. (“Pfizer”), for injuries alleged to have been sustained by the decedent relating to asbestos exposure. Petitioner alleges that the decedent suffered from asbestosis as a result of his continuous exposure to asbestos and asbestos dust for 26 years in his capacity as an ironworker and shipfitter helper. Fibreboard has offered the sum of $579.47, Armstrong has offered the sum of $864.48, KACC has offered the sum of $392.63, Gypsum has offered the sum of $281.05, and Pfizer has offered the sum of $3,000.00, in settlement of the action for conscious pain and suffering. The gross total settlement in the amount of $5,117.63, as well as the payment of attorneys’ fees in the amount of $1,690.88 and disbursements in the amount of $45.00, were approved by order of NYCAL1 Special Master Claire Gutekunst, dated July 17, 2012, leaving net settlement proceeds, in the amount of $3,381.75, to be distributed.
The decedent died intestate on November 27, 2008, survived by four adult children, namely the petitioner herein, John T. Ledson, Michael P. Ledson, and Gary S. Ledson (“Gary”). Limited letters of administration were issued to the petitioner on May 13, 2010. Jurisdiction was obtained over all necessary parties, including the New York State Department of Taxation and Finance, who has filed a waiver and consents to the relief requested. A guardian ad litem was appointed for Gary, who is incarcerated in a psychiatric facility. Gary was criminally charged with the decedent’s death and, on November 16, 2011, pursuant to Criminal Procedure Law §220.15, entered a plea of not responsible by reason of mental disease or defect.2 Gary was committed to the custody of the Commissioner of Mental Health and is currently incarcerated at Kirby Forensic Psychiatric Center, a secure psychiatric facility in Wards Island, New York.
