By Patricia Hurtado
Nov. 22 (Bloomberg) -- DaimlerChrysler AG, the world's fifth-largest automaker, was ordered by jury to pay $20 million to a New York City brake repairman who lost his right lung to a cancer linked to asbestos.
The New York Supreme Court jury of three men and three women found today that DaimlerChrysler was 10 percent responsible for injuries to Alfred D'Ulisse, 73. The jury said DaimlerChrysler acted with reckless disregard, making it liable for 80 percent of the $25 million verdict, said D'Ulisse's lawyer, Jerry Kristal.
``I hope I live long enough to see the balance of this and the outcome of the appeals,'' D'Ulisse, of North Massapequa, New York, said after the verdict. He said he was diagnosed with the cancer, mesothelioma, two years ago.
The trial began in September. D'Ulisse testified that he was exposed daily to asbestos in auto-brake linings made by Chrysler and General Motors Corp. while working at Morak Brakes in Brooklyn, New York, from 1960 to 1981. D'Ulisse's job was to strip worn linings from brakes and replace them with new ones.
The same jury found in a separate case that DaimlerChrysler wasn't liable for the mesothelioma of Rodolfo Colella, 50, a Queens, New York, auto mechanic who testified that he handled brakes made by Chrysler and other automakers from 1972 to 1976 and 1986 to 1989. Asbestos, a flame-retardant mineral, was once widely used in car parts, insulation and building materials.
Steven B. Hantler, assistant general counsel for Stuttgart, Germany-based DaimlerChrysler, said he will appeal the D'Ulisse verdict and is confident it will be overturned.
`Not a Factor'
``While we sympathize with both plaintiffs, DaimlerChrysler presented evidence at trial that clearly demonstrated that the company's products were not a substantial factor in causing their diseases,'' he said.
New York Supreme Court Judge Louis York ruled that the cases should be tried at the same time because DaimlerChrysler and both D'Ulisse and Colella had the same lawyers.
The jury awarded D'Ulisse $10 million for pain and suffering and the same amount for future pain and suffering. His wife, Margaret, was awarded $5 million for the loss of her husband's services and society because of his cancer.
D'Ulisse ``said he worked with Chrysler brakes, sorting them out before they were re-lined,'' juror Sigmund Susser, an employee with the Social Security Administration, said after the verdict. ``We found that was evidence of his contact with Chrysler products containing asbestos.''
Oncologist's Testimony
In Colella's case, jurors were persuaded by an oncologist who testified for DaimlerChrysler that the mechanic's cancer was caused by radiation therapy after he contracted Hodgkin's lymphoma in the 1970s, Susser said.
The jury found General Motors and Ford Motor Co. each 10 percent liable for D'Ulisse's injuries. Both companies had previously settled with D'Ulisse for an undisclosed amount.
The jury found two defunct companies, Armstrong Metropolitan, each 35 percent liable. Under New York state law, the finding of reckless disregard means DaimlerChrysler must pay their share, Kristal said.
The D'Ulisse case is: Alfred D'Ulisse and Margaret D'Ulisse v. DaimlerChrysler, Index no. 113939/04, New York Supreme Court (Manhattan). The Colella case is: Rodolfo Colella v. DaimlerChrysler, Index No.103894/05, New York Supreme Court (Manhattan).
To contact the reporter on this story: Patricia Hurtado in New York Supreme Court at pathurtado@Bloomberg.net.
Last Updated: November 22, 2006 19:50 EST
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