Category: Damages

Bare Metal/Component Parts / California / Damages
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Verdict on Non-Economic Damages Reversed and Remanded with Finding of Joint/Several Liability Against Pipe Manufacturer

CALIFORNIA — In an update to Asbestos Case Tracker’s previous post, the court reversed and remanded this matter ordering a new entry of judgment holding the plaintiffs’ economic and noneconomic damages jointly and severally liable against CertainTeed Corporation (defendant). At the trial level, a jury previously returned a verdict on economic damages in the amount of $776,201 against defendant. The verdict also included $9.25 million in noneconomic damages which was apportioned to defendant at 62 percent with the remaining to other joint tortfeasors. The …

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Appeal / Damages / North Carolina / Punitive Damages / Verdict
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Covil Corp. Seeks to Overturn $33 Million Verdict in North Carolina

NORTH CAROLINA — In October, the plaintiff, Ann Finch, prevailed against Covil Corp. in a mesothelioma case involving her husband’s workplace exposure at Firestone. Covil made asbestos insulation that Mr. Finch worked around daily while changing molds on tire presses. The plaintiffs were awarded $32.7 million by the jury, which found that Covil failed to warn Mr. Finch that there was asbestos present in the insulation and that it posed a hazard to his health.

Covil has filed a motion to overturn the verdict or, …

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Damages
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Special Master’s Recommendation Vacated; Order Permitting Limited Discovery of Co-Defendants to Establish Apportionment Granted

The defendant John Crane (JCI) has been granted limited discovery of co-defendants to establish apportionment of fault. JCI’s request had been denied by the Special Master. However, JCI argued that the Case Management Order (CMO) placed it in an unfair position for trial. The CMO encouraged defendants to use depositions in asbestos litigation from other defendants and permitted a second deposition by stipulation or permission only. According to JCI, these constraints made it impossible for JCI to meet its burden of proof at trial with …

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California / Damages
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California Appellate Court Defines Scope of Damages Recoverable in Survival Action

CALIFORNIA — The First District of the California Court of Appeal addressed numerous issues in a case involving exposure to friction products used during personal automotive repair. The family of decedent, J.D. Williams, filed suit in January 2011 after his July 2010 death from mesothelioma. The plaintiffs asserted claims for wrongful death, strict liability and negligence. The defendant, Pep Boys, was not named in the lawsuit until an amended complaint was filed on December 6, 2012. The trial court granted Pep Boys’ motion for judgment …

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Case Decisions / Damages / New Jersey / Other Asbestos News
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Admission into Evidence of Testimony and Answers to Discovery of Settled Defendants Leads to New Trial Ordered on Issue of Apportionment

NEW JERSEY — Donna Rowe (plaintiff), individually and as executrix and executrix ad prosequendum of the estate of Ronald Rowe (Rowe), appealed an April 27, 2015 judgment of $304,152.70 plus prejudgment interest. The plaintiffs originally sued 27 defendants, alleging that exposure to asbestos from their products caused Rowe’s mesothelioma. Twelve defendants were granted summary judgment, four were dismissed, and two never appeared and the claims against them were abandoned. Additionally, eight parties settled their claims before trial, leaving only Hilco, Inc., the successor-in-interest to Universal …

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Case Decisions / Damages / New Jersey
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$117 Million Verdict Upheld in Talc Case

NEW JERSEY — Superior Court Judge Ana C. Viscomi denied motions from Johnson & Johnson and Imerys Talc America, Inc. to set aside a $37 million verdict in compensatory damages and a combined $80 million verdict in punitive damages awarded earlier this year.  On Wednesday, May 23, 2018, the court heard arguments on Imerys Talc America, Inc.’s motions to overturn the verdict. The court instead upheld the verdict. In rendering her decision, Judge Viscomi stated that the verdicts “do not shock the judicial conscience.”…

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Case Decisions / Damages / Expert Challenges / Washington
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Post-Trial Motions Denied Against Both Plaintiff and Defendant on Damages and Judgment as a Matter of Law

WASHINGTON – The plaintiff filed suit against the defendants including Scapa Dryer Fabrics (Scapa) alleging her husband, Mr. Barabin, developed mesothelioma as a result of his work at Crown-Zellerbach paper mill in Camas, Washington. Mr. Barabin worked as a spare hand, which included working directly on the paper machines at the mill. Part of his work including using high pressure hoses to blow dust out of the dryers. Suit was brought against the defendants on theories of product liability design, failure to warn, and negligence. …

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Case Decisions / Damages / North Carolina
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Expert and Fact Witness Evidence Establishes Last Day of Exposure for UPS Worker in Workers’ Compensation Commission Award

NORTH CAROLINA — The plaintiff filed an action under North Carolina Workers’ Compensation for alleged development of mesothelioma by her decedent. Mr. Penager worked as a driver for United Parcel Services (UPS) from approximately 1967-98. It was alleged by the plaintiff that Mr. Penegar drove tractor trailers each day and would walk through the mechanic shop after his shift where workers were using compressed air to clean out dust from brake jobs. The Commission found that the plaintiff’s last date of injury from asbestos occurred …

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Case Decisions / Damages / Mississippi / Verdict Reduction
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Case Remanded to Determine Setoff Amounts from Settlements with Asbestos Trusts

MISSISSIPPI — On February 13, 2009, Clara Hagan filed a complaint, as the representative of Bennie Oakes, against Illinois Central Railroad in the Warren County Circuit Court. The complaint, brought under the provisions of the Federal Employers Liability Act, sought to recover damages for personal injuries and/or death sustained by decedent Bennie Oakes while decedent was employed by Illinois Central and while engaging in interstate commerce. The decedent was employed by Illinois Central from 1952 through 1994 and alleged he was exposed to asbestos “on …

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Appeal / Case Decisions / Damages / New York / Verdict Reduction
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Mesothelioma Verdict Reduced by $4.3 Million on Appeal

NEW YORK — Plaintiff Mary Nash filed suit on behalf of the plaintiff’s decedent, Lewis Nash, alleging bystander exposure to asbestos-containing dust from defendant Navistar’s brakes and gaskets while working as a janitor and bus driver in the Fayettteville-Manluis Central School District. The decedent’s exposure occurred in the bus garage at the school, where decedent routinely spent time during his bus runs. The jury awarded the plaintiff the following: three million dollars in conscious pain and suffering; three million dollars in emotional pain and suffering …

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