Category: Substantial Factor

Illinois / Substantial Factor
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Five Million Dollar Verdict Against Caulk and Tape Manufacturer Reversed for Lack of Evidence of Substantial Factor

ILLINOIS – The plaintiffs brought suit against more than 50 defendants alleging their decedent, Willard Krumwiede, developed and passed from mesothelioma as a result of occupational exposure to asbestos for which the defendants were liable. Specifically, the plaintiffs contended that Krumwiede was exposed to asbestos tape and caulk made by Tremco. Both products were purported to contain chrysotile fibers. According to the plaintiffs, Krumwiede used the products during his career as a window glazer where he installed panes of glass into wood and aluminum frames. …

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Appeal / Consolidation / North Carolina / Substantial Factor
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Plaintiffs’ Failure to Establish Causal Connection Upheld in Consolidated Workers’ Compensation Claims

NORTH CAROLINA – The Court of Appeals of North Carolina recently upheld the Worker’s Compensation Commission decisions and findings in 144 consolidated cases. Numerous plaintiffs, including Walter Hinson, Charles Wilson, Douglas Epps, and Bobby James Newell, sought compensation under the worker’s compensation statute for alleged asbestos related illnesses for their work at Continental Tire in Charlotte, North Carolina from 1967-1999. The court focused on the Hinson case and analyzed the commission’s findings, which it later applied to the remaining cases. Hearings began in 2011. At …

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Substantial Factor / Verdict
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Jury Verdict Returned in Favor of Boiler Defendant Despite a Finding of Product Exposure and Negligence in Mesothelioma Case

The Evans matter involved an 87 year deceased mesothelioma claimant.  All defendants resolved prior to trial with the exception of Burnham Corporation.  After a 2 ½ week trial before Judge Moulton, the jury returned a defense verdict for Burnham, finding that there was exposure to asbestos from a Burnham product, and that Burnham was negligent, but that Burnham’s negligence was not a substantial contributing factor to Mr. Evan’s mesothelioma.…

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