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Auto Parts supplier obtains defense verdict at trial

California Superior Court, Alameda County

Decedent Gene Hankes Sr. passed away of mesothelioma at 85 years old. His estate brought this action against various brake manufacturers and auto-parts suppliers. At the time of trial, the only remaining defendant was O’Reilly Auto Enterprises LLC, an auto parts supplier. Each side presented their case, with experts. A California jury returned a defense verdict on behalf of O’Reilly after trial. They held that O’Reilly was not negligent in selling Bendix brakes, despite the notion that the brakes didn’t …

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Oregon Jury Renders $260M Verdict for Plaintiff in Talc Trial

Fourth Judicial District Circuit Court for Mulnomah County, Oregon (Portland)

In this matter, plaintiff Kyung Lee claimed that she developed mesothelioma from her use of Johnson & Johnson baby powder, which she alleges was contaminated with asbestos. After a multi-week trial, the jury determined that Johnson & Johnson was responsible for the plaintiff’s mesothelioma and awarded $200 million in compensatory damages and $60 million in punitive damages. The Asbestos Case Tracker will continue to monitor this matter for any post-judgment motions and appeals.…

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Florida Jury Returns Defense Verdict in Ovarian Cancer Trial

Court: United States District Court, Middle District of Florida

On Thursday April 18, a Florida jury found the talcum powder in Johnson & Johnson’s baby powder product did not cause the ovarian cancer of deceased Sarasota County resident Patricia Matthey.

The plaintiffs alleged in their complaint that J&J suppressed scientific evidence linking talc products to increased cancer risk and that the corporation knew for decades that the talc used in its baby powder could be contaminated with asbestos. At trial, J&J argued that there was …

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Chicago Jury Returns $45M Plaintiffs Verdict in Talc Trial

Court: Circuit Court of Cook County, Illinois

On April 19, a Chicago jury ordered Johnson & Johnson to pay $45 million to the family of a Cook County woman named Theresa Garcia who died from mesothelioma, allegedly caused by exposure to asbestos in various talc powder products.

Plaintiffs claimed that Theresa Garcia inhaled asbestos fibers contained in the talc, citing to lab tests, which demonstrated talc products could contain small amounts of asbestos, which they say could then cause mesothelioma.

In a statement issued following …

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Defense Verdict in Retrial of Packing Manufacturer

Superior Court of California, County of San Francisco

Plaintiff Lisa Castillo filed an action in the San Francisco, California Superior Court alleging that her husband, Abraham Castillo, died of mesothelioma as a result of his exposure to asbestos during his service in the United States Navy in the 1980s and later employment as a refrigeration mechanic from 1983 to 2013. The case proceeded to trial against John Crane, Inc. on theories of negligence and design defect. The plaintiff alleged that John Crane supplied asbestos-containing packing …

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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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