This case has been pending in New York State appeals court for some time, but on Dec. 29th in a first-ever jury finding that asbestos-containing welding rods, sold in the billions up to the early 1980's, had caused lung cancer and mesothelioma. Attorney Jerome H. Block of the nationally known mass toxic tort law firm of Levy Phillips and Konigsberg has recently made this announcement.
This New York Supreme Court, Appellate Division, First, upheld the July 2003 jury verdict in favor of, Angel Gomez, who died following the trial, and the late Daniel Tucker. Both men worked with and around asbestos-containing welding rods. The jury awarded Gomez a total of approximately $3.19 million against Lincoln Electric Company. Jury however, reduced 25 percent of the compensation percent since Gomez was a cigarette smoker. Tucker's estate was awarded a total of approximately $3.5 million split between Lincoln and Hobart Brothers Company.
The welding rods at issue in the Gomez and Tucker cases continue to be a top-selling, all-purpose welding rod. Up to the early part of 1980s, these rods were coated with a mixture containing 5% to 15% asbestos, according to trial testimony.
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