brakes

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.

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Claim Accrues Upon Learning of Asbestos-Related Disease, Not Symptoms Manifesting

Supreme Court of New York, New York County, March 14, 2022

In this matter, plaintiff Dominic Baldi worked as an electrician in public schools and was exposed to asbestos throughout his career. The plaintiff filed the Notice of Claim on April 10, 2020, putting the defendant, Amityville Union Free School District, on notice of this matter. Subsequently, the plaintiff filed the instant order to show cause on August 23, 2021, to serve a late Notice of Claim upon Amityville.

Amityville argues that, in a case …

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Product Manufacturer and Supplier’s Motion to Dismiss Granted for Lack of Personal Jurisdiction

Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport, February 18, 2022

In this asbestos action, defendant Ametek, Inc. moved to dismiss the complaint by plaintiffs Maria and Carmelo Patti. The plaintiffs alleged that Mrs. Patti was exposed to asbestos from products manufactured and supplied by Ametek to her employer, Grieco Brothers, which caused her to develop mesothelioma.

The court undertook a two-part inquiry as is required under Connecticut law when a defendant moves to dismiss a complaint for lack of personal jurisdiction. Specifically, …

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Lube Oil Purifier Manufacturer Successful on Motion to Dismiss Based on Lack of Personal Jurisdiction

United States District Court for the Northern District of Illinois, Eastern Division; April 11, 2022

The plaintiffs, George Lishman and Vicki Lishman filed a complaint on January 26, 2021 against Alfa Laval Inc., (“defendant” or “Alfa Laval”) in addition to other defendants, alleging that Mr. Lishman developed mesothelioma resulting from exposure to the defendants’ asbestos-containing products. Mr. Lishman was a life-long Illinois resident. Alfa Laval is a New Jersey corporation with its principal place of business in Virginia, and serves as successor-in-interest to the Sharples …

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Court Grants Summary Judgment to Turbine Defendants Finding Manufactures Entitled to Bare-Metal Defense

United States District Court for the Eastern District of Pennsylvania, April 1, 2022

The decedent’s widow brought this suit on behalf of the decedent alleging that the decedent’s occupational exposure to asbestos during his time in the Navy is attributable to turbines manufactured by the Westinghosue Corporation. The plaintiff also brought suit against the defendant CBS Corporation alleging CBS is a successor by merger of Westinghouse. The plaintiff also contends decedent’s injuries were caused in part by turbines manufactured by General Electric Company.

The defendant …

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Denial of Floor Tile Manufacturer’s Motion for Summary Judgment

Supreme Court of New York, New York County, March 29, 2022

From 1964 to the early 1970s, the plaintiff worked as a carpenter with his brother-in-law and the Carpenter’s Union, Local 257.  From 1969 to his retirement in 2007, he worked as a carpenter at commercial and residential locations throughout New York.  The plaintiff was diagnosed with lung cancer in March 2020.  The plaintiff filed a lawsuit premised on his exposure to Goodyear floor tile that he encountered during the late 1960s and early 1970s.  …

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Court Grants Chemical Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds

United States District Court for the Southern District of Florida, April 5, 2022

In this asbestos action, plaintiff John R. Andres passed away in April 2020, allegedly as a result of his diagnosis with mesothelioma. His son subsequently filed suit in Florida against 51 defendants, alleging that his father came into contact with numerous asbestos-containing products over the course of his life. One of the defendants, Huntsman Corporation, filed a motion to dismiss, arguing that theywere not subject topersonal jurisdiction in Florida. While the plaintiff’s …

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Employer Defendant Successful on Summary Judgment, Except for Claims of Take-Home Exposure

The plaintiff, Callen Cortez, was diagnosed with mesothelioma on June 2, 2020. On July 1, 2020, he filed an asbestos-related lawsuit against Avondale and approximately thirty-four other defendants, alleging that he contracted mesothelioma as a result of exposure to asbestos during his employment with various companies, including Avondale, as well as take-home exposure resulting from his brother’s work with various companies, including Avondale.

Avondale filed a motion for summary judgment alleging that the plaintiff’s claims against it should be dismissed because they are preempted by …

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New York Manages to Remain a “Judicial Hellhole” in 2021

While trials and in person court conferences are starting to trickle in, some jurisdictions such as New York still managed to hold its position as a judicial hellhole in 2021. According to American Tort Reform Foundation 2021-22 Judicial Hellholes, California regained its position to the top of the judicial hellhole list. Following California, New York was named as the second judicial hellhole. Georgia, Philadelphia Court of Common Pleas and the Supreme Court of Pennsylvania followed. Cook, Madison, and St. Clair Counties in Illinois; Louisiana; …

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Recovery of Damages Permitted as to Adult Children, Disallowed as to Spouse in Wrongful Death Action

Court of Appeal of Florida, Fourth District, March 30, 2022

In this matter, the decedent alleged exposure to asbestos during military service, throughout his career working at various industrial plants, and at his own home from the 1950s to the 1990s. On May 22, 2015, the decedent was diagnosed with mesothelioma. On July 4, 2015, he married the woman (the spouse) with whom he had lived for many years. On July 23, 2015, the decedent sued multiple defendants, asserting claims for negligence and strict liability. …

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