Associated Press
NEW YORK -- A jury says DaimlerChrysler AG must pay $20 million to a retired police officer and brake repair worker whose right lung was removed because of cancer caused by asbestos.
A jury in Manhattan's state Supreme Court ruled that Alfred D'Ulisse, 73, of North Massapequa, N.Y., and his wife were owed a total of $25 million, D'Ulisse's lawyer Jerry Kristal said Monday.
DaimlerChrysler was found to be 10 percent liable for D'Ulisse's cancer, and it will be responsible for a total of 80 percent of the damages because two other companies found to be liable no longer exist, Kristal said.
DaimlerChrysler, whose brands include Chrysler, Dodge, Jeep and Mercedes-Benz, issued a statement saying the case was built on "junk science" and accused Justice Louis B. York of "improper rulings." The company said it was confident last week's verdict would be reversed on appeal.
The automaker was responsible for the amount owed by the now-defunct companies because the jury found that the automaker acted with reckless disregard for the safety of others, Kristal said.
Two other auto manufacturers, each found to be 10 percent liable by the jury, settled with D'Ulisse before trial for undisclosed amounts, he said.
D'Ulisse contracted the cancer, mesothelioma, after working at Morak Brakes in Brooklyn, Kristal said. Surgeons removed his right lung in 2004, the lawyer said.
Asbestos is a fire retardant material that was formerly used widely as insulation in buildings and motor vehicles.
The jury also found that DaimlerChrysler was not responsible for the mesothelioma of another worker, Rodolfo Colella. The 50-year-old auto mechanic from Queens worked with brakes made by various automakers between 1972 and 1989.
DaimlerChrysler spokeswoman Elaine Lutz said her company's lawyers presented evidence that Colella's cancer was caused by radiation therapy after he contracted Hodgkin's lymphoma in the 1970s.
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