February 17th, 2017
- Lynch Daskal Emery partners James R. Lynch and Lawrence G. Lee obtained a defense verdict in an asbestos action brought against a commercial kitchen equipment manufacturer. The plaintiff, 62-year-old Dario Battistoni, has been living with mesothelioma for over two years and testified at trial about his claimed exposure to asbestos that purportedly occurred during repairs performed on commercial kitchen equipment. The case was tried over a six-week period before Justice Cynthia Kern in New York Supreme Court, New York County, and included testimony from four experts for plaintiff and two experts for the defendant. At closing, plaintiff’s counsel asked the jury to find the sole defendant at trial liable for Mr. Battistoni’s mesothelioma and award $38 million in damages. The jury refused and returned a verdict in favor of the defendant.