Asbestos Legal Journal - News & Updates on Asbestos and Mesothelioma Law

In September of 2010, a Brazoria county jury awarded $27.5 million dollars to the widow of an asbestos worker.  The asbestos lawyers who handled this case did a great job.  Unfortunately, because Texas law is not particularly friendly to injured citizens, the actual amount the widow will recover is far less.

Of the $27.5 million dollars, $20 million was in punitive damages.  Texas caps punitive damages, and the widow will therefore collect no more than $4 million in punitive damages.  This is still a great result for a mesothelioma lawsuit, but I'm always irritated whenever a plaintiff's jury award is reduced due to a one-size-fits-all statute.

The remaining defendant in the lawsuit was John Crane, a company that made asbestos gaskets and packing.  Individuals who had to work with industrial equipment would become exposed to asbestos from John Crane's products. 

The case was Jerry Johnston, et al. v. Alfa Laval Inc., et al., No. 2008-36868, Texas Dist., Brazoria Co.

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

On November 3rd of 2010, a West Virginia jury found that a pipefitter's mesothelioma was caused by exposure to John Crane gaskets.  The attorneys for both parties entered into a confidential agreement in which John Crane would pay a specific amount of money if they were found liable by the jury.  Because that agreement was triggered, the jury did not need to decide how much money to award.

The jury was made up entirely of women, which is unusual.  It's rare that a jury is made up entirely of one gender.  The trial lasted for six days, and the jurors only needed about two hours to determine that John Crane was liable.

John Crane made gaskets that contained chrysotile asbestos.  John Crane argued that the plaintiff's mesothelioma was actually caused by exposure to large amounts of amosite asbestos pipe covering.  The plaintiff worked for over 40 years as a union pipefitter, and it is therefore very likely that he was exposed to a large amount of amosite.  Amosite is generally considered to be more carcinogenic that chrysotile asbestos. 

This case therefore had the same factual issue that many asbestos lawsuits have: determining which company's asbestos caused a person to develop mesothelioma when the individual was exposed to asbestos from multiple companies.  Although there may be a few quacks out there who claim otherwise, no reputable doctor claims to be able to determine which exposure caused a cancer to develop.

Because science cannot answer that question, courts usually adopt some sort of a "substantial contributing factor" test in which multiple companies can be found liable if each of them made asbestos that substantially contributed to an individual's illness. 

The case was Robert L. Wood, et al. v. John Crane Inc., et al., No. 10-C-91, W.Va. Cir., Kanawha Co.).

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

Every asbestos lawyer knows that getting a big jury verdict doesn't actually mean you won anything.  Asbestos companies always appeal their losses, and the appellate courts can easily wipe out a great asbestos verdict.  In fact, they often do.  So I was happy to see an asbestos plaintiff win an appeal.

In November of 2010, the Second District Court of Appeal for California upheld a $9.2 million dollar mesothelioma verdict.  That award included $6 million dollars in punitive damages.  If an award of punitive damages is too large, appellate courts will often overturn the verdict. 

This mesothelioma lawsuit was filed by an individual who worked as a construction worker beginning in the 1960's.  He worked around large amounts of joint compound, including joint compound that contained asbestos fibers mined by Union Carbide Corporation.  Joint compounds in the 1960's and 1970's often contained asbestos.  The process of sanding drywall seams releases massive quantities of asbestos fibers, and thus individuals who worked in the construction trades often developed illnesses from exposure to asbestos.

Union Carbide Corporation was found to be 85% at fault, and Hamilton Materials was found to be 15% at fault.  Together, the companies will be 100% responsible for satisfying the entire $9.2 million dollar verdict. 

Not all asbestos lawsuits end with such a large verdict, but many against Union Carbide in particular have.  That's because there is quite a bit of evidence that Union Carbide sold raw asbestos (they called theirs Calidria) well past the point in time when they knew that raw asbestos could cause mesothelioma, asbestosis, and other cancers.

The name of the case is Larry R. Stewart, et al., v. Union Carbide Corporation, No. B216193,
Calif. App., 2nd Dist., Div. 5; 2010 Cal. App.

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

On November 30th of 2010, an asbestos lawsuit filed in Knox County ended with an $8.6 million dollar jury verdict.  This asbestos lawsuit was filed against CSX Transportation, and was not a traditional asbestos case.  Instead, this lawsuit was filed under the Dederal Employers Liability Act, or FELA.

FELA asbestos lawsuits are much easier for an injured person to win, because all the injured person needs to prove is that the employer violated a safety law designed to protect employees.  In this lawsuit, the jury found that CSX violated two provisions of the Federal Locomotive Inspection Act. 

One of the issues traditionally raised by defendants in asbestos lawsuits is whether the injured person smoked.  That's especially important if the injured person has lung cancer, which was the injury in this case.  But because of the way FELA asbestos lawsuits work, the family of Winston Payne was still able to recover despite the fact he smoked.  CSX Transportation will be liable for the entire $8.6 million dollar asbestos verdict.

The name of the case was Estate of Winston Payne v. CSXT, and the cause number was 2-231-07.

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

In December of 2009, a Florida judge in Broward County threw out a $3.6 million dollar verdict in a mesothelioma lawsuit.  The defendants in the lawsuit were Ford Motor Company and Pneumo Abex.  Abex manufactured asbestos brake parts.

A jury awarded $3.6 million dollars to the plaintiff in the case, finding that she had been exposed to asbestos in a Ford dealership, and by her husband's clothes.  (Yes, you can get mesothelioma from washing clothes.)  The jury found Ford 30 percent at fault, Abex 40% at fault, and the plaintiff herself 30% at fault. 

Although the jury awarded $3.6 million dollars in this mesothelioma lawsuit, Abex filed a motion for a directed verdict.  A motion for a directed verdict asks the court to find that one side (usually the plaintiff) didn't put on enough evidence to win their case, and as such, the court should enter a verdict against that side. 

The judge granted Abex's motion for a directed verdict because the plaintiff failed to prove that Abex's products could cause mesothelioma.  In other words, the plaintiff failed to prove general causation.  The judge further found that even if Abex's products are capable of causing mesothelioma, the plaintiff failed to prove that her mesothelioma was caused by Abex's products.  That means she also failed to prove specific causation. 

Because the judge granted the motion for a directed verdict in this mesothelioma lawsuit, the plaintiff will receive nothing, even though the jury awarded her $3.6 million dollars.  Many people do not understand that even if you win an asbestos lawsuit, you can still lose it because of a directed verdict or if the defendant(s) appeal.   

The case was Daly v. ArvinMeritor, Inc. and the cause number was 07-19211.

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us