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(EMAILWIRE.COM, August 10, 2011 ) BUFFALO, NY -- Although Eugene McCarthy smoked for two or three packs of cigarettes a day for more than 20 years, his resulting lung cancer was not caused solely from smoking cigarettes.
Asbestos played a part too.
McCarthy was a member of two families that were awarded a combination of $22 million in damages last month from Goodyear Tire and Rubber and Goodyear Canada. The reason stemmed from their job-site exposure to asbestos-laced gaskets made by the company.
A New York State Supreme Court ruled that Goodyear was at least partially responsible for the the deaths of the two men after they worked in different parts of the state. The families filed separate lawsuits shortly after the men died.
Walter Koczur, the other plaintiff, was a smoker as well. His family was awarded $13.5 million in damages. According to the mesothelioma jury verdict, McCarthyÂ’s family was awarded $8.5 million, a smaller amount based on what percentage of the cancer was related to asbestos.
Neither Koczur nor McCarthy worked for Goodyear directly, but both attorneys in the case were able to show that they had handled gaskets produced by the company. Despite their smoking habits, the asbestos exposure was enough to convince the jury.
In a statement, Goodyear said that it would appeal the verdict. This is the first asbestos case that the company has taken to trail; in the past, they have settled other cases.
The two families have already settled with other companies regarding their claims.
Koczur was a steamfitter who worked in the Buffalo, New York area, working at different sites, including Goodyear. Son Kenneth Koczur worked alongside him for a short while. Kenneth testified about his fatherÂ’s early asbestos exposure in the 1970s.
McCarthy worked at the neighboring Niagara Power Project and was also exposed to asbestos while with on gaskets within various pumps, valves, and boilers. One of his co-workers from 30 years ago also testified about his exposure.
The mesothelioma settlement stated Goodyear and Goodyear Canada were responsible for 45 percent of KoczurÂ’s cancer and 12 percent of McCarthyÂ’s lung cancer.
mesothelioma is a deadly form of lung cancer that currently has no cure. It is extremely aggressive; many who are diagnosed are only given approximately six months to a year to live. Also, the disease can take up to thirty years to manifest itself.
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