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 …

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Jury Returns Defense Verdict on Failure to Warn and Design Defect Claims Involving Contaminated Talc and Kent Cigarettes

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

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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New York Judge Vacates Award of Past and Future Pain and Suffering to Plaintiff Against Brake Grinder Manufacturer and Orders New Trial on Damages Unless Plaintiff Stipulates to Reduced Awards

The plaintiff, Walter Miller, filed suit against a number of defendants alleging that his mesothelioma was caused by exposure to asbestos through his use of a brake grinding machine manufactured by Ammco. At trial, the jury rendered a verdict in favor of the plaintiff and against the sole defendant remaining at trial, Hennessy Industries, Inc. (Ammco), in the amount of $25 million, consisting of $10 million for past pain and suffering and $15 million for future pain and suffering. A summary of that verdict can …

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American Optical Corporation Hit With $22M Verdict, $10M Punitive Damages in Asbestos Exposure Lawsuit

On April 26, 2016, a California jury decided to punish American Optical Corporation (AOC) with $10 million in punitive damages, tacking on to the $22 million verdict awarded to the plaintiffs on April 22. After a month-long trial that included the suit being removed to a California district court and remanded back down to the Los Angeles Superior Court, the jury deliberated for one day before determining that the AOC marketed a faulty respirator that exposed machinist Louis Tyler to asbestos.

Thus far, AOC’s attorney …

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Federal Arizona Jury Awards $17 Million in Damages from Asbestos Death of a Navy Civilian Employee

On April 22, 2016, a district court jury in Arizona found full damages for the wrongful death of George Coulbourn.  Mr. Coulbourn was a retired civilian employee of the U.S. Navy who was allegedly exposed to asbestos, developing mesothelioma, while working as a shipyard machinist in the Norfolk Naval Shipyard in Virginia from 1959–66. His duties of repairing and maintaining equipment on naval ships included regular removal of asbestos-containing packing and gaskets on defendant manufacturers’ valves.

Ultimately, the jury awarded $17 million in total damages. …

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Jury in St. Louis City, Missouri Awards Multi-Million Dollar Verdict to Wife of Lifelong Electrician

The plaintiff’s decedent was a lifelong electrician from 1963 to 2001 with a large number of work sites.  The decedent died of mesothelioma at age 72. After numerous co-worker depositions, the case proceeded to trial against defendant The Okonite Company. The jury found that Okonite was negligent and assigned it 5 percent of the total causal responsibility. The jury awarded: $165,000 medical expenses; $1,825,000 for decedent’s pain and suffering; $350,000 for pre-death loss of society and companionship; and $1,825,000 post-death loss of society and companionship, …

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Jury Awards $1.7M Verdict to Plaintiffs in Asbestos Case

In the Court of Common Pleas of Philadelphia County, a jury found in favor of the plaintiff Doris Busbey for an award of $1.7M. The case arose out of asbestos litigation against ESAB Group/Alloy Rod and Air Liquid, but Air Liquid was dismissed from the case.

In the jury’s verdict, they found ESAB Group/Alley Rods negligent and that this negligence was a factual cause of harm to the plaintiff. They further found that the plaintiff Busbey was not comparatively negligent and that no product manufactured …

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Pump/Valve Manufacturer Found Not Liable After Three-Week Trial

In this case, the plaintiff alleged that the decedent, William Robinson, died from pleural mesothelioma as a result of his asbestos exposure while working at Allied Chemical from 1968 to 1998.  Defendant Flowserve Corporation, f/k/a The Duriron Company, which manufactured Duriron/Durco pumps and valves, was represented by Chris Massenburg and Max Swetman of Manion Gaynor & Manning LLP and local counsel Jeff Meyer of Murane & Bostwick.  Following a three week trial, the plaintiff’s counsel sought a $10 million verdict.  However, the jury ruled in …

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