California Jury Awards $10 Million to Mesothelioma Plaintiff Who Worked with Asbestos Pipe

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

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

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

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

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

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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Gasket Defendant Found Not Liable in Recent New York Mesothelioma Case

A jury found defendant Dana Companies not negligent in manufacturing and/or selling asbestos containing gaskets without adequate warning in a recent New York mesothelioma case despite a finding of exposure to the defendant’s gaskets. The plaintiff, Michael Colsten, claimed exposure to asbestos while working as an automotive mechanic at General Tire from 1965 through 1969 and at Don’s Automotive Shop from 1969 through 1973. The plaintiff claimed he developed pleural mesothelioma as a result of exposure to asbestos through home improvements and hobby mechanics.


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NYCAL Jury Awards $12.5 Million in Deceased Smoking Lung Cancer Case

On November 2, 2016, a NYCAL jury awarded a total of $12.5 million in damages to the estate of an auto mechanic, a lifelong smoker who was allegedly exposed to asbestos from almost 10 years of repair work on forklifts in the New York City area. The jury ultimately assigned 55 percent on the defendant and 45 percent on plaintiff. Five of the six jurors in the case approved the award while the dissenting juror said the verdict should have been larger and defendant should …

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Verdict Breakdown for $7 Million Award in Los Angeles County Mesothelioma Case

On October 24, 2016, a Los Angeles County jury awarded a total of $7 million in damages to Peter J. Lamonica and his wife, Exine Lamonica, in a case where multiple defendants were found liable as the cause to Lamonica’s mesothelioma. The verdict sheet demonstrates the jury found the defendant’s negligence was a substantial factor in contributing to Peter J. Lamonica’s risk of developing mesothelioma. The jury was then instructed to assign the percentage of fault as to each of the 30 entities listed on …

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