N.J. Appeals Court Affirms $30.3 Million Verdict, Rejects Causation Argument

TRENTON, N.J. -- Noting that the frequency, regularity and proximity test is not a rigid test with an absolute threshold level in New Jersey, an appellate court has upheld a $30.3 million verdict. Buttitta, et al. v. Allied Signal Inc., et al., No. A-5263-07T1 (N.J. Super. Ct., App. Div.).

In the April 5 verdict, the Appellate Division of the New Jersey Superior Court ruled that the facts in the instant case supported the medical causation case presented by the plaintiff.

The claims were brought on behalf of Mark Buttitta, whose mesothelioma was allegedly caused by exposure to asbestos occurring …