Court Affirms Judgment for Defendant Carnival Cruise Line That Set Aside a $3.6M Verdict

On October 19, 2016, the Third District Court of Appeal, State of Florida, affirmed a final judgment in favor of defendant Carnival Corporation, finding no merit.

In the original case at bar, the plaintiff, Giovanna Settimi Caraffa, individually and as personal representative of the estate of Benedetto Emanuele Caraffa, deceased, filed suit in the Circuit Court of the 11th Judicial Circuit in and For Miami-Dade County, Florida, alleged among other things, that the decedent was injured as a result of asbestos exposure while working and …

Continue Reading

Breakdown of $21 Million Verdict in Miami, Florida

On August 30, 2016, a Miami, Florida jury awarded nearly $21.4 million in damages to Richard Batchelor and his wife, Regina, in a case where the plaintiffs alleged that Bechtel Corporation caused his mesothelioma. The case proceeded only against the defendants Bechtel Corporation and Foster Wheeler Energy Corporation, as Foster Wheeler settled the day before the verdict. The verdict sheet demonstrates that, after the jury found that negligence on the part of Bechtel was a legal cause of the plaintiff’s damages, the jury turned to …

Continue Reading

Court Reverses Verdict Against Crane Co. and Remands as to Cigarette Defendants After Daubert Challenge

Plaintiff Richard Delisle filed suit against multiple defendants alleging he developed mesothelioma as a result of exposure to sheet gaskets manufactured by Crane Co. and from the asbestos fibers from Micronite filters from smoking Kent cigarettes. The jury found both defendants’ products were a substantial contributing cause (SCC) of the development of Delisle’s mesothelioma. Both defendants unsuccessfully moved for directed verdicts and filed for appeal.

Crane Co. argued that the plaintiff’s expert, Dr. James Dahlgren should not have been permitted to testify as an expert …

Continue Reading

Court Denies Multiple Motions including Plaintiff and Ford Motor Co.’s Daubert Motions, Ford’s Motion for Summary Judgment and Plaintiff’s Motion for Reconsideration

Plaintiff James Waite and his wife Sandra Waite brought this action against Ford Motor Co. and Union Carbide Corporation (UCC) for Mr. Waites’ alleged development of mesothelioma from his work on brakes and clutches. UCC’s motion to dismiss for lack of personal jurisdiction was at first denied by the Court but then granted on UCC’s Motion for Reconsideration. Ford then moved to exclude the plaintiffs’ experts (Daubert Motion) and for summary judgment. The plaintiff moved to preclude various elements of Ford’s proposed expert witness testimony …

Continue Reading

Court Denies Aircraft Engine Manufacturer’s Motion for Summary Judgment Based on Military Contractor Defense

The plaintiff filed a Third Amended Complaint against United Technologies Corporation, alleging that UTC was liable in negligence and strict liability for the allegedly defective warnings accompanying Pratt and Whitney TF-30 aircraft engines and for their allegedly defective designs. The plaintiff claims that these defects led to her husband Darryl Dugas’ exposure to asbestos and mesothelioma.

During his service in the U.S. Navy, Mr. Dugas worked at Cecil Field in Jacksonville, Florida and aboard the USS Franklin D. Roosevelt. As part of his duties, he …

Continue Reading

Certainteed Obtains Spoliation Charge on Missing Pipe and Defense Verdict Following Two-and-a-Half Week Trial

On July 7, 2016 a Florida jury rendered a defense verdict on behalf of building products manufacturer Certainteed Corporation (“Certainteed”). In this case, it was alleged that the decedent was exposed to asbestos and developed mesothelioma from his work cutting couplings on Certainteed asbestos-containing irrigation pipe next to his family property for an approximate two-week period in either 1969 or 1970. Through discovery it was learned that some of the pipe was removed and reinstalled. After finding witnesses who were able to testify where the …

Continue Reading

Federal Court Limits Plaintiff’s Expert, Dr. William Longo’s, Testimony

The plaintiff, Marsha K. Dugas, as Personal Representative of the Estate of Darryl S. Dugas, filed suit in the U.S. District Court for the Middle District of Florida, Jacksonville Division, alleging that Darryl Dugas developed mesothelioma from his exposure to asbestos during the late 1960s and early 1970s, while serving in the U.S. Navy and attributing that exposure to several products allegedly manufactured by various defendants. In support of this claim, the plaintiff retained Dr. William Longo to provide an expert opinion as to the …

Continue Reading

Case Remanded to State Court as Defendants Could Not Use the Federal Officer Removal Statute Where the Plaintiff Expressly Disclaimed Any Naval Asbestos Exposure

Plaintiff Richard Batchelor, a former employee of Florida Power & Light Company who was diagnosed with terminal mesothelioma after he was exposed to and inhaled asbestos fibers from asbestos-containing products manufactured, sold, supplied, distributed, or controlled, by the defendants, sued in the Circuit Court for the 11th Judicial District in and for Miami-Dade County Florida alleging three causes of action; (i) negligence; (ii) strict liability; and (iii) loss of consortium. Following Batchelor’s deposition, during which he testified that he served in the U.S. Navy and, …

Continue Reading

District Court’s Denial of Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction Reversed Upon Reconsideration on the Basis of Lack of Specific Jurisdiction

The plaintiff, who developed mesothelioma as a result of exposure to asbestos products while working in Massachusetts between the 1940s and 1970s, sued the defendant Union Carbide and others in the U.S. District Court for the Southern District of Florida, where he later moved, seeking compensatory damages pursuant to causes of action for negligence, strict liability, and failure to use reasonable care. The defendant subsequently moved to dismiss the complaint for lack of personal jurisdiction. The District Court denied the motion. The defendant then filed …

Continue Reading

Partial Motion to Dismiss of Talc Suppliers and Auto-Body Filler Granted Without Prejudice, Giving Plaintiff Time to Amend Claims of Concerted Acts and Intentional and Negligent Misrepresentation

This action was originally commenced by the plaintiff in the Southern District of New York and alleged that the decedent, Pedro Rosado-Rivera, was exposed to asbestos-containing auto-body filler while working in auto shops in New York (1959-1968), Puerto Rico (1968-1992) and then thereafter in Florida. The defendant BASF Catalysts LLC’s, joined by other defendants Superior Materials, Inc. and Whittaker, Clark & Daniels, Inc., motion to transfer the case to the middle district of Florida was granted. (BASF and Whittaker were talc suppliers and Superior was …

Continue Reading