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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California Plaintiff Alleging Meso Due to Talc Awarded $29.5M Verdict

CALIFORNIA — On March 13,the plaintiff Teresa Leavitt was awarded a $29.5 million dollar verdict by an Oakland jury, who found that Johnson & Johnson, J&J Consumer, Inc., and J&J’s supplier Cyprus Mines Corporation were liable for the plaintiff’s mesothelioma. The plaintiff alleged that her mother had used J&J’s asbestos-contaminated talc products on her as an infant in the 1960s. Further, the plaintiff personally used the product cosmetically throughout the 1970s. The jury was unanimous in finding that J&J failed to warn the plaintiff of …

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Jury Returns Verdict for Decedent, Finding Asbestosis Resulted from Railroad Brake Work

VIRGINIA – A jury in Norfolk Circuit Court issued a $5 million verdict in favor of the plaintiff Danielle Caraco (plaintiff) on behalf of the decedent Stephen Fowlkes (decedent), finding that the decedent had been diagnosed with asbestosis as a result of his exposure to asbestos-containing railroad brakes during his employment at Norfolk Southern Railway Company (Norfolk).

The decedent had worked as a repair man who changed out asbestos-containing railroad car brake shoes for a decade during the 1980s. Once the decedent fell ill and …

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$2.38 Million Dollar Verdict Reached in Action Brought on Behalf of Chemical Compounder

NEW JERSEY — A New Jersey State case, Thomasenia L. Fowler v. Akzo Nobel Chemicals, Inc., et al., No. MID-L-4820-11AS (N.J. Super. Ct., Middlesex Cty.), which was previously covered by ACT, has ended in a plaintiff’s verdict against a raw fiber supplier. On January 22, a Middlesex County jury returned a $2.38 Million dollar verdict in favor of the plaintiff, Thomasina Fowler, individually and as administrator of the estate of Willis Edenfield, but declined to award any punitive damages during the trial’s second phase. …

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Honeywell Settles Mesothelioma Case Before Jury Verdict

ARKANSAS — An Arkansas jury awarded plaintiff Ronald Thomas $18.5 million after a three week trial against Honeywell International, successor-in-interest to Bendix. However, prior to the verdict Honeywell and the plaintiff agreed to settle claims for an undisclosed amount. The plaintiff alleged that he developed mesothelioma in part due to his work at a brake shop in Little Rock from 1971-83, where he sometimes performed up to a dozen brake changes daily.  The jury assigned 18.75 percent of fault to Honeywell, 5 percent to Thomas, …

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$2.38 Million Verdict Entered Against Union Carbide in New Jersey

A Middlesex County jury awarded $2.38 million in compensatory damages to the widow of a factory worker in an asbestos lawsuit against Union Carbide. The jury declined to award punitive damages. The decedent was not deposed before he passed and Plaintiff relied on the testimony of two co-workers. Counsel for Union Carbide contended there was no product identification as the only witnesses stated that the decedent used another manufacturer’s product.…

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Missouri Judge Refuses To Set Aside $4.69 Billion Ovarian Cancer Talc Verdict

MISSOURI — In July 2018, a $4.69 billion verdict was awarded against Johnson & Johnson when a Missouri jury determined that 22 women developed ovarian cancer due to asbestos allegedly contained in the company’s talcum powder products.  This week, Judge Rex Burlison denied Johnson & Johnson’s motion to set aside this verdict, which included $550 million in compensatory damages and $4.14 billion in punitive damages.  Although Judge Burlison ruled that sufficient evidence was presented to support the award, Johnson & Johnson indicated that the unsuccessful …

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