$117 millionVerdictOn appeal

$117 Million Record Verdict for WTC Sheet Metal Worker With Mesothelioma From Asbestos Exposure

Verdict · New York County Supreme Court (NYCAL), New York, NY · 2025

After trial: As of mid-2026 reporting, post-trial proceedings before the trial judge remained ongoing, with no reduction, appeal ruling, or payment publicly confirmed.

Won by Weitz & Luxenberg.

A New York County jury awarded $117 million to William Durbec and his wife Victoria in May 2025, the largest single-plaintiff asbestos verdict in New York State history, after Durbec developed pleural mesothelioma from asbestos-containing fireproofing he breathed during years of sheet metal work at the original World Trade Center.

What happened

William Durbec spent years as a Local 28 sheet metal worker helping build the original World Trade Center, cutting and installing ductwork as the towers rose from lower Manhattan. Mario and DiBono Plastering Co. was working on the same floors, spraying asbestos-containing fireproofing onto structural steel columns, floor joists, and decking under a Port Authority contract. Durbec breathed the resulting dust routinely, without any warning that the material contained asbestos.

Decades passed. In 2022, Durbec, then in his 70s, was diagnosed with pleural mesothelioma, a cancer of the lining of the lung caused almost exclusively by asbestos exposure. He and his wife Victoria filed suit in the New York City Asbestos Litigation (NYCAL) docket in New York County Supreme Court.

At trial, Weitz and Luxenberg attorney Brittany Russell presented evidence that Mario and DiBono had applied the asbestos-laden spray fireproofing in Durbec's work areas and that the company knew, or should have known, of the hazard. By the time the case reached the jury, Mario and DiBono was the sole defendant remaining at trial. The Port Authority and Tishman Realty and Construction Co. were also identified as parties to the fault allocation but were not present at the verdict.

On May 22, 2025, the jury returned a verdict of $117 million. The award broke down as $40 million for William Durbec's past pain and suffering, $38 million for his future pain and suffering, $20 million for Victoria Durbec's past loss of consortium, and $19 million for her future loss of consortium. The jury assigned 80 percent of fault to Mario and DiBono, 10 percent to the Port Authority, and 10 percent to Tishman. Justice Mary V. Rosado presided.

The verdict is the largest single-plaintiff asbestos award in New York State history. Post-trial briefing was scheduled to conclude in September 2025 under a schedule set by Justice Rosado; no reduction or reversal has been publicly confirmed as of this writing.

Sources

This account is drawn from contemporaneous public reporting and the court record.

More proven verdicts from Weitz & Luxenberg

All Weitz & Luxenberg proven verdicts →
$10.9 billionSettlementGroup recoveryProduct LiabilityCA

As co-lead counsel in the federal Roundup multidistrict litigation and the first firm to sue Monsanto in 2015, Weitz and Luxenberg helped negotiate a $10.9 billion settlement resolving approximately 125,000 non-Hodgkin lymphoma claims against Bayer-owned Monsanto.

2020 · U.S. District Court, Northern District of California (MDL No. 2741)Read the full story →
$4.85 billionSettlementGroup recoveryProduct LiabilityLA

As chair of the plaintiffs' negotiating committee and Liaison Counsel in the Vioxx multidistrict litigation, Russ Herman directed the negotiations that produced a $4.85 billion settlement with Merck resolving approximately 45,000 to 50,000 personal-injury claims.

2007 · U.S. District Court, Eastern District of Louisiana (MDL-1657)Read the full story →
$2.5 billionSettlementGroup recoveryProduct LiabilityOH

Ellen Relkin served as court-appointed co-lead plaintiffs counsel in the DePuy ASR hip implant MDL, helping negotiate a $2.5 billion settlement for roughly 8,000 patients who required revision surgery after the metal-on-metal device failed.

2013 · U.S. District Court, Northern District of Ohio (MDL No. 2197)Read the full story →
$260 millionSettlementGroup recoveryProduct LiabilityOH

Hours before opening arguments in the first federal opioid bellwether trial, Cuyahoga and Summit counties in Ohio secured a $260 million settlement from distributors AmerisourceBergen, Cardinal Health, and McKesson, plus manufacturer Teva.

2019 · U.S. District Court, Northern District of Ohio, Cleveland (MDL 2804)Read the full story →

Related product liability verdicts

$25 billionSettlementGroup recoveryNY

Sullivan Papain was among the firms representing New York State against Philip Morris, R.J. Reynolds, Brown & Williamson, and Lorillard, securing a $25 billion recovery through the 1998 Master Settlement Agreement.

Sullivan Papain Block McManus Coffinas & Cannavo1998 · New York State (Master Settlement Agreement)Read the full story →
$11.3 billionSettlementGroup recoveryFL

C. Steven Yerrid, the youngest of Florida's 11-lawyer 'Dream Team,' added racketeering and conspiracy charges that tripled the damages ceiling, helping the state secure what was then the largest civil settlement in American history against the tobacco industry.

The Yerrid Law Firm, Terrell Hogan and The Maher Law Firm1997 · Florida (State v. American Tobacco Co.)Read the full story →
$5.5 billionSettlementGroup recoveryNJ

After fifteen years of litigation and three failed bankruptcy maneuvers by Johnson and Johnson subsidiaries, Ashcraft and Gerel attorneys R. Bryant McCulley and Michelle Parfitt helped negotiate a global, uncapped settlement of at least $5.5 billion covering approximately 76,000 ovarian-cancer claims.

Ashcraft & Gerel, LLP2026 · D.N.J. MDL No. 2738Read the full story →
$4.85 billionSettlementGroup recoveryLA

As chair of the plaintiffs' negotiating committee and Liaison Counsel in the Vioxx multidistrict litigation, Russ Herman directed the negotiations that produced a $4.85 billion settlement with Merck resolving approximately 45,000 to 50,000 personal-injury claims.

Herman, Katz, Gisleson & Cain, Ashcraft & Gerel, LLP, Beasley Allen, Kline & Specter, PC, Robinson Calcagnie, Inc., The Lanier Law Firm and Weitz & Luxenberg2007 · U.S. District Court, Eastern District of Louisiana (MDL-1657)Read the full story →