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› $150,000,000 verdict in personal injury case
This week a Bay County, Florida, jury awarded $995,600 to Betty McBride of Lynn Haven, whose husband, Woodrow McBride, died of mesothelioma in 2006 at the age of 67. Mr. McBride filed a wrongful death lawsuit on Aug. 10, 2006, but passed away on Sept. 20, 2006, before seeing the case go to trial. He was diagnosed with mesothelioma one year prior to his death.
This site recently reported on the case of Harold St. John, whose family was prevented from burying their loved one because of a legal request for an autopsy. The family is engaged in a lawsuit against several auto parts manufacturers, claiming St. John was exposed to asbestos while working with the products as an auto mechanic. St. John recently died of mesothelioma, a cancer that is caused by asbestos.
Attorneys representing the defendants in a mesothelioma death case prevented a New Jersey family from burying husband and father Harold St. John, according to a story in the New Jersey Star-Ledger. On the day of the scheduled burial, a judge ordered the funeral home to hold the body and return it to the coroner’s office until a decision is made whether or not an autopsy will be allowed. The matter is now in Superior Court in New Brunswick, N.J.
The U.S. Environmental Protection Agency announced Feb. 5 that Anderson-Wilcox Corp. and Cutting Edge Concepts II LLC have agreed to pay a fine of $300,000 for improper removal and disposal of asbestos at a New Haven, Conn., site. This is a settlement agreement between the companies, the EPA, and the U.S. Attorney’s office for the District of Connecticut.
The families of two workers who died of mesothelioma will each receive 17 million yen as part of a settlement agreement in a claim against the former Japanese National Railways (JNR), which is no longer in operation. The workers’ families claimed they developed mesothelioma as a result of inhaling asbestos on their job with the railway.
The story, reported by The Mainichi Daily News, says the settlement was mediated in Yokohama District Court. Two companies that now operate in place of JNR – Japan Railway Construction, Transport and Technology Agency, and the Japan Freight Railway Co. (JR Freight) – will pay the settlement.
The News estimates about 100,000 former JNR workers may have been exposed to asbestos on the job.
A man diagnosed with mesothelioma earlier this year will receive a $7.5 million settlement against 11 defendants that reportedly made, supplied or distributed the asbestos-containing products he handled and was exposed to in the workplace, according to a story in the Times-Herald. Robert Hilt of Vallejo, Calif., is 64. It is believed he developed mesothelioma during his work as a marine machinist.
According to an Associated Press report, on Friday the U.S. Supreme Court said it is reviewing consolidated cases against the Travelers Companies Inc., to reinstate a $500 million settlement and block any new lawsuits against Travelers. The original settlement was established in 1986 in relation to a group of asbestos claims against Johns-Manville Corp., which was once a leading asbestos producer. Travelers provided insurance policies for Johns-Manville.
The Seattle Times reported Dec. 11 that the Washington Supreme Court ruled equipment manufacturers Griscom Russell (now Viad) and Saberhagen Holdings are not responsible for asbestos-related illnesses in cases involving two men who once worked aboard Navy Ships.
According to the news story, plaintiff Joseph Simonetta has lung cancer, and Vernon Braaten has mesothelioma. Simonetta worked on an evaporator while Braaten was a pipefitter. They claim they were exposed to asbestos during these jobs, resulting in their illness.
The court ruled 6-3 in favor of the defendants in each case, finding that “since the defendents didn’t make, sell or recommend the use of asbestos, they couldn’t be held liable,” according to the Seattle Times report.
The plaintiffs argued that the companies should be liable “because asbestos was key to use of the equipment,” the story states.
While the Texas Supreme Court reviewed an appeal by seven asbestos manufacturers in order to determine an appropriate forum for trial, plaintiff Austin Richards died of mesothelioma. According to the report published by BusinessInsurance.com, the defendants – businesses based in Texas – said trying the case in their home state violated Texas civil code, because Richards lived in Maine. They argued trying the case in Texas would be an “inconvenient forum” for them, as it would be difficult for them to travel to Maine to depose witnesses.
The Louisiana Supreme Court is currently debating the merits of an appeal lodged by two companies held liable for the illness of Ray Rando, who was diagnosed with malignant mesothelioma in 2005.
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