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Defense Verdict for Cationic Fibre Manufacturer in Erie County

Supreme Court of New York, County of Erie

Plaintiff Craig Screiner, represented by Belluck and Fox, alleged exposure to asbestos from his time working at Durez Plastics in North Tonawanda, New York during summer 1974, and that this exposure caused his mesothelioma diagnosis.

At the time of trial, Hedman Cationic Fibre (Hedman) was the last remaining defendant. The jury ultimately found that the materials manufactured by Hedman and allegedly present at Durez did not cause the plaintiff’s mesothelioma and issued a verdict in favor of …

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Brake Mechanic Awarded Twenty Million Dollars at Trial

Missouri Circuit Court, Twenty-Second Judicial Circuit, March 10, 2022

Plaintiff William Trokey was a part-time mechanic who worked with asbestos-containing brakes. At a trial in St. Louis City, he alleged that he developed mesothelioma as a result of this exposure, supporting his claim with testimony from one medical expert. Following a trial, the plaintiff was awarded a verdict in the amount of $20 million on March 10, 2022.

Read the full decision here

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Parish of Orleans Jury Renders Over $8 Million Dollar Verdict for Plaintiff After Three-Week Trial

Civil District Court for the Parish of Orleans, Louisiana, August 12, 2021

In this matter, Steven “Joe” Aaron Sr. alleged causes of action of negligence and strict liability against defendant Ford. Aaron alleged exposure from asbestos-containing brakes and clutches associated with Ford vehicles while working as a gas station and school bus mechanic in the 1960s and 1970s. Aaron was diagnosed with mesothelioma over one year ago. Following a three-week trial before Judge Ethel Simms Julien, the jury found for Aaron on both counts and …

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Plaintiff’s Verdict Reversed Based on Jury Charge Errors on Failure to Warn and Medical Causation

Superior Court of New Jersey, Law Division, May 26, 2021

In this case, the plaintiff filed suit as personal administer of her husband’s estate against defendant Union Carbide. The jury returned a verdict in the plaintiff’s favor on the claims of strict liability and negligent failure to warn. Union Carbide appealed, arguing that a new trial should be granted due to two errors in the jury instructions: (1) the instruction on failure to warn and (2) the instruction on medical causation. The court agreed and …

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Post-Trial Motions from Plaintiffs and Valve Defendant Denied Following 2019 Verdict

New York

On April 25, 2019, as previously reported by the Asbestos Case Tracker, the Supreme Court of Erie County rendered a plaintiffs’ verdict, finding that decedent James Stock was exposed to asbestos by products made by the valve manufacturer, the defendant failed to exercise reasonable care by not providing warnings about the hazards of exposure to asbestos from its products, and that its failure to warn was a substantial contributing factor in causing the decedent’s injuries. The verdict was appealed by the defendant and …

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Fourth Circuit Upholds $32.7 Million Award in North Carolina Deceased Mesothelioma Case

U.S. Court of Appeals for the Fourth Circuit, August 24, 2020

On August 24, 2020, the U.S. Court of Appeals for the Fourth Circuit issued a decision upholding a $32.7 million damage award rendered by a North Carolina jury in the matter of Finch v. Covil. The Finch matter involved a 78-year-old deceased mesothelioma claimant, who the plaintiffs allege was exposed to asbestos during his work at the Firestone Tire Plant in Wilson, North Carolina from 1975 to 1995. Specifically, the plaintiffs alleged that …

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New York County Jury Renders Defense Verdict in World Trade Center Case

NEW YORK – On Friday, March 6, 2020, a New York County jury rendered a defense verdict in the matter of Sharon Epstein, Individually and as Independent Administrator of the Estate of Ira Epstein v. Atlas Turner, Inc., et al., an asbestos personal injury and wrongful death action involving the decedent, Ira Epstein, and his alleged bystander exposures to asbestos-containing products while working at the World Trade Center. Specifically, the plaintiff alleged that for approximately two months in 1970, Ira Epstein worked for an …

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Summary Judgment Denied to Honeywell and Granted to Foster Wheeler under Washington Law

WASHINGTON – On December 12 and December 16, 2019, the United States District Court for the Western District of Washington issued summary judgment decisions for defendants Honeywell International, Inc. Honeywell and Foster Wheeler Energy Corporation respectively, in the Estate of Rudie Klopman-Baerselman matter. In brief, the court denied summary judgment to Honeywell, and granted summary judgment to Foster Wheeler.

The plaintiff alleged that the decedent, Rudie Klopman-Baerselman, was diagnosed with mesothelioma as a result of his alleged exposures to asbestos while performing automotive maintenance work …

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J&J Wins Defense Verdict in Kentucky Talc Case

KENTUCKY – A Louisville state court deliberated for approximately a half hour on August 2, 2019 before finding in favor of Johnson & Johnson in a talc case. The lawsuit alleged that Donna Ann Hayes died from mesothelioma caused by her use of talcum powder products. The plaintiff’s lawyers argued that the talc was contaminated with asbestos, but J&J disputed those allegations.


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Jury Verdict on Future Pain and Suffering Found to be Unreasonable Compensation Against Boiler Defendant

NEW YORK – A New York appellate court has vacated the trial court’s entry of judgement of $2 million for future pain and suffering in a recent mesothelioma case and has ordered the plaintiff to stipulate within 30 days to a reduction of future pain and suffering damages to $500,000 or face a new trial on damages.

The verdict included a $5 million award for the plaintiff’s past pain and suffering, which was untouched on appeal. Although the plaintiff presented evidence that their future condition …

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