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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Gasket Defendant Found Not Liable in Recent New York Mesothelioma Case Supreme Court of New York, Broome County

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. Read
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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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Breakdown of $21 Million Verdict in Miami, Florida Circuit Court of 11th Judicial Circuit for Miami-Date County, Florida, August 30, 2016

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…
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Jury Returns Defense Verdict on Failure to Warn and Design Defect Claims Involving Contaminated Talc and Kent Cigarettes Middlesex County, New Jersey, August 15, 2016

In a case involving a variety of alleged asbestos exposures, trial proceeded against three defendants – Lorillard Tobacco, H&V, and Whittaker Clark – for asbestos exposures through allegedly contaminated talc and Kent cigarettes with micronite filters. The jury found that plaintiff did not prove by a preponderance of the evidence its failure to warn claims against all three defendants. Design defect claims were alleged against Lorillard and H&V; again, the jury found that plaintiff did not prove by a preponderance of the evidence that both…
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$22 Million Verdict Against Burnham in NYCAL Case

On June 24, 2016 a NYCAL jury awarded a plaintiff, Frank Gondar, $22 million. The award was broken down $12 million for past pain and suffering and $10 million for future pain and suffering. Mr. Gondar was living and had been diagnosed with mesothelioma. He owned a part-time construction company from 1953 to 1973 and allegedly was exposed to asbestos form working in the vicinity of others working with and on residential boilers. The jury found that Burnham failed to provide adequate warnings, which was…
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Oregon Jury Finds Against Gasket Manufacturer, Awarding Plaintiff $5 Million Multnomah County Circuit Court, Oregon, May 12, 2016

The plaintiff in this case, who was diagnosed with mesothelioma, maintained dry kilns and boilers with asbestos gaskets sold by Mar-Dustrial, which denied selling products to the mill where the plaintiff worked from 1969-2000. The jury disagreed with Mar-Dustrial, and awarded the plaintiff $3.25 million for pain and suffering and $1.75 million for loss of consortium. Mar-Dustrial was the only defendant left at trial, and was assigned 22 percent of liability. The plaintiff called Dr. Carl A. Brodkin as an expert; no experts testified on…
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