Category Archives: Significant Verdicts

$8.5 Million Verdict Affirmed Against Premises Defendant District Court of Appeal of Florida, Third District, September 6, 2017

Plaintiffs Dennis Britt and Rosa-Maria Britt filed suit after Dennis Britt was diagnosed with mesothelioma. Britt ultimately passed away from the disease and Rosa-Marie Britt continued as personal representative of his estate and added a wrongful death claim. Britt was an employee benefits advisor from 1978-1997 where he visited various commercial and industrial facilities to speak with, and enroll, employees of these facilities, some of which were owned and operated by the defendant. Prior to his death, Britt testified that during the course of his…

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New York Jury Awards $4.6M to Welder with Mesothelioma Supreme Court of New York, New York County, August 18, 2017

The plaintiff, 75-year-old Thomas McGlynn, contracted mesothelioma on or about May 16, 2016 and filed suit in NYCAL on August 1, 2016 under Index No. 190219/16. The complaint alleged that McGlynn was exposed to asbestos while working as a shipfitter, laborer, and maintenance laborer at various locations in and around New York City. The plaintiff further alleged that McGlynn’s mesothelioma was caused by his occupational exposure to asbestos from work done on asbestos-containing valves manufactured by the defendant. Specifically, McGlynn testified that these valves were…

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California Jury Awards $13 Million in Wrongful Death Action Against Sugar Plant

The decedent, Mark Lopez, died from mesothelioma in July 2015. His family brought suit against Hillshire Brands Co., now Tyson Foods, for the decedent’s exposure to asbestos from the now derelict Union Sugar plant. The plant had several owners and closed for good in 1993. The decedent’s family alleged that the small town of Betteravia, where the plant was located and the decedent’s family lived, was contaminated with asbestos from the plant’s operations. The decedent’s grandfather and father worked at the plant. Additionally, as a…

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Seattle Jury Renders Enormous Verdict Against NAPA Washington Superior Court, Washington, April 18, 2017

A Seattle, Washington jury reached a unanimous verdict against NAPA/Genuine parts after 5.5 hours of deliberation. The plaintiffs alleged the decedent, Doy Coogan, developed peritoneal mesothelioma due to asbestos exposure from brake shoes, bulk brake bands, gaskets, packing, and clutches, distributed and sold by NAPA. Although punitive damages were not requested, the jury’s verdict exceeded $80 million. The jury applied pre-1981 law in awarding a total of $81.5 million for the plaintiffs. The decedent Doy Coogan was awarded $30 million; his wife of four years,…

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California Jury Awards $10 Million to Mesothelioma Plaintiff Who Worked with Asbestos Pipe Superior Court of California, County of Alameda, March 1, 2017

Plaintiffs Michael and Cindy Burch filed suit against various defendants, including a pipe manufacturer, alleging that Michael Burch developed pleural mesothelioma due to asbestos exposure. After a seven week jury trial, the jury found in favor of the plaintiffs and awarded $10 million. In doing so, the jury found that the pipe manufacturer misrepresented and concealed the health risks of handling and working with its product. The plaintiff cut, drilled, and installed asbestos cement pipe while working for J.C. Plumbing Company and Valley Engineers in…

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Baltimore Jury Awards $14.5M to Former Steamfitter in Mesothelioma Claim Baltimore City Circuit Court, February 16, 2017

Plaintiff William E. Busch, Jr.  filed suit against various defendants alleging asbestos exposure between 1967 and 1976 from both his work as a steamfitter and from home renovation projects. Busch, Jr. was diagnosed with mesothelioma in March of 2016 and filed suit shortly thereafter on April 11, 2016 under Case No. 24X16000151. On February 16, 2017, following a three week trial presided by Judge Shannon Avery in the Circuit Court for Baltimore County, the jury returned a verdict in plaintiff’s favor on counts of negligence…

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New York Appellate Court Determines Causation Evidence Was Insufficient to Support Verdict in Mesothelioma Matter Supreme Court of New York, Appellate Division, First Department, February 27, 2017

In a significant decision concerning the causation standards in asbestos matters, on February 28, 2017, the Appellate Division, First Department in a 3-1 decision, affirmed the trial court’s decision to vacate an $11 million jury verdict against an automotive manufacturer. By way of background, in Juni v. Ford Motor Company, Index Number 190315/12, plaintiff alleged that his mesothelioma diagnosis was caused by exposure to asbestos while working with various automotive parts (i.e., brakes, clutches and gaskets). Those products were alleged to contain…

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California Appellate Court Reverses $3.6M Punitive Damages Award Court of Appeal of California, Second Appellate District, Division One, February 15, 2017

In November 2005, after William Saller was diagnosed with mesothelioma, the plaintiffs filed suit naming 22 defendants, including the manufacturers of various asbestos products. After Saller passed away in February 2006, his wife and daughters added a wrongful death claim and continued the lawsuit. In 2007, the plaintiffs proceeded to trial against two remaining defendants: Crown Cork and Bondex International, Inc. The jury returned a defense verdict, rejecting the plaintiffs’ strict liability design defect claim and their negligent failure-to-warn claim. The plaintiffs appealed and the…

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NYCAL Court Sets Aside Portion of $22M Verdict and Recklessness Charge Supreme Court of New York, New York County, February 14, 2017

As noted in a prior ACT post, a NYCAL jury awarded plaintiff Frank Gondar $22M ($12M for past pain and suffering and $10M for future pain and suffering) in a living mesothelioma claim. Here, the jury found defendant Burnham failed to provide adequate warnings, which was a substantial contributing factor to Mr. Gondar’s disease, and allocated Burnham with 25 percent liability. Most notably, the jury found Burnham to have acted with reckless disregard for the plaintiff’s safety after the court charged the jury on…

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NYCAL Jury Awards $75M Verdict in Living Mesothelioma Take-Home Exposure Case Supreme Court of New York, New York County, January 26, 2017

On January 23, 2017, a NYCAL jury awarded $75 million in damages to plaintiffs Marlena F. Robaey and her husband, Edward Robaey, in a living peritoneal mesothelioma case for a 49-year old female. Justice Joan A. Madden presided over the trial where the plaintiffs alleged bystander and take-home asbestos exposure through Edward Robaey’s automotive work.  Two remaining defendants were found to have acted “recklessly” by the jury. The $75M verdict was broken down as follows: $50M for plaintiff Marlena F. Robaey ($40M in past pain…

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