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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Plaintiffs Not Entitled to Jury Instruction on General Negligence Due to Lack of Specific Evidence

CALIFORNIA – Philip and Febi Mettias, husband and wife, both died of complications caused by mesothelioma. The decedents’ children (plaintiffs) filed suit against various defendants. As part of their allegations, the plaintiffs alleged Philip Mettias performed as many as 24 brake repairs with Bendix brakes, made by Honeywell and purchased at Pep Boys.

The jury returned a special verdict in favor of Honeywell and Pep Boys; the plaintiffs appealed on two contentions:

  1. The trial court erred in not giving general negligence instructions in addition to
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NYCAL Verdict Tossed on Basis that “a lot” of Asbestos Exposure is Insufficient to Establish Causation

NEW YORK – The defendant Caterpillar, Inc. (Caterpillar) appealed a verdict in the aggregate amount of $1.8 million issued by a jury in the New York City Asbestos Litigation (NYCAL) following a trial over which the Honorable Martin Shulman presided. This verdict was unanimously reversed by the First Department, one of which justices is the Honorable Peter Moulton, who previously presided over NYCAL as administrative judge.

The First Department based its reversal on the plaintiff Joanne Corazza’s (plaintiff) failure to establish causation as it related …

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Defense Verdict for Johnson & Johnson in New Jersey Talc Meso Case

NEW JERSEY — March 27, 2019, a New Brunswick New Jersey jury found that Johnson & Johnson Consumer Inc. (J&J) was not liable in causing the mesothelioma of 58-year-old plaintiff Ricardo Rimondi.  Rimondi alleged decades of use of J&J’s baby powder, which the plaintiff alleged contained talc that was contaminated with asbestos. J&J attorneys highlighted the fact that the plaintiff’s experts failed to acknowledge that the plaintiff grew up and lived in close proximity to an asbestos cement factory.…

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Lung Cancer Plaintiff Allocated 60 Percent of Fault in $937,500 Verdict

CALIFORNIA — The plaintiff worked in the entertainment industry as a lighting technician for approximately 40 years, and alleged that asbestos exposure from plastic cement, construction and lighting products was a substantial factor in causing his lung cancer. Evidence showed that the plaintiff had a 37-50 pack year smoking history. After a four week trial, the jury found that the plaintiff was exposed to the defendant CalPortland’s Colton gun plastic cement, but that CalPortland was not negligent and the exposure was not a substantial factor …

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