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3/6/2020- Senior Partner Timothy Gallagher Wins Defense Verdict in $15 Million Asbestos Case

MMG Senior Partner Timothy Gallagher represented Tishman Realty and Construction Company, the original general contractor for the World Trade Centers, in New York County asbestos case Sharon Epstein, Individually and as Independent Administrator of the Estate of Ira Epstein v. Atlas Turner, Inc., et al along with Associates Heidi Baker, Gary Healy, and Melissa Reitberg, winning a unanimous defense verdict over plaintiffs, Epstein after a grueling three month trial.

In this landmark $15M World Trade Center asbestos suit, the plaintiff’s family asserted claims of asbestos personal injury and wrongful death, claiming the decedent, Ira Epstein, and his alleged bystander exposure to asbestos-containing products while working at the World Trade Center was the cause of his mesothelioma. Plaintiff alleged that for approximately two months in 1970, he worked for an unidentified pipe fitting company on the 72nd floor of Tower 1 of the World Trade Center. It was alleged that during this time, Epstein was in the vicinity of other trades at the World Trade Center, including tile workers, electricians, insulators, and drywall workers who he alleged used various asbestos-containing products. Epstein was diagnosed with mesothelioma in April 2016 and passed away in July 2017.

MMG Senior Partner, Timothy Gallagher challenged Epstein’s allegation that he ever worked at the World Trade Center, arguing that he did not, as the 72nd floor of the World Trade Center was not yet built at the time that he was allegedly present on the site. Gallagher presented tangible evidence, construction records and discovery depositions of former employees to convince the six-person jury to render a unanimous defense verdict in favor of Tishman and the Port Authority, and awarding no damages to Epstein’s estate.

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