A Niagara Falls man, who filed an asbestos-related case in State Supreme Court one year back, has been awarded $2 million in an asbestos-related case.
66-year-old Gerald Failing was diagnosed with peritoneal mesothelioma in December 2010. Mesothelioma is a rare and fatal form of cancer caused by asbestos exposure. Once diagnosed, mesothelioma normally kills the victim within one year.
Failing started working in the compound department at Durez Plastics in North Tonawanda, a manufacturer of industrial resins and molding compounds, in 1966. During his employment, Failing had to use raw asbestos fibers to make granulated plastic molding compounds, according to his attorney. Failing worked at Durez Plastics until 1978.
The raw asbestos that Failing used was supplied by a Canadian asbestos mining company called ‘Hedman Resources Ltd.’
Failing’s attorney argued Hedman failed to warn workers regarding the hazards of asbestos.
The jury assigned 100 percent responsibility for damages to Hedman as it acted with reckless disregard for the safety of workers, Failing’s attorney said.