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Chemical Plant – Asbestos Trades –Mesothelioma Lawsuit

 

October 21, 2009 12:43 PM Eastern Daylight Time  

 

Belluck & Fox Obtains $1.5 Million Mesothelioma VerdictAnd Punitive Damages Against Fisher Controls International

Instrument repairman RonaldDrabczyk repaired control valves manufactured by Fisher Controls International--a Division of Emerson Electric--that contained asbestos gaskets and packing.

MARSHALLTOWN,Iowa &ST. LOUIS--(BUSINESS WIRE)--The New York law firm ofBelluck & Fox has obtained a $1.5 million verdict and punitive damages of $750,000 against Fisher Controls International following the death of a worker at Hooker Chemical inBuffalo,New York, who was exposed to asbestos on the job.

“The jury's verdict confirms that this corporation acted in a negligent and reckless manner in selling its valves without ever warning of the dangers associated with the asbestos-containing products used in these valves”

 

The verdicts in Estate of RonaldDrabczyk, Index No. I 2005/1583, were rendered on October 19 and 20 in Erie County Court inBuffalo,New York.Judge John Lane presided.

Fisher Controls, based inMarshalltown,Iowa, is a subsidiary of Emerson Electric Co., based inSt. Louis,MO. Emerson is a publicly-traded company on the New York Stock Exchange under the symbol EMR.

Belluck & Fox represented the family of RonaldDrabczyk, a factory worker at achemical plant inNiagara Falls,NY.Drabczykdied frommesothelioma, a form of cancer caused by exposure to asbestos.Drabczyk repaired valves manufactured by Fisher Controls which contained asbestos gaskets and packing. The valves were sold by Fisher to the Hooker plant whereDrabczyk overhauled them from 1970-1988. The evidence at trial demonstrated that Fisher was aware of the dangers of asbestos as early as 1946 but failed to place any warning on its products.

In addition to awardingDrabczyk’s estate $1.5 million in damages, the jury found that Fisher Controls acted negligently in failing to warn of the dangers associated with the valves. It found that Fisher Controls was responsible for five percent of the fault associated with his exposure and that the exposure to the valves was a substantial contributing factor in causingDrabczyk'smesothelioma. Further, the jury found that Fisher Controls acted with reckless disregard for the safety ofDrabczyk. UnderNew York law, this finding of reckless disregard renders Fisher Controls responsible for the entire verdict, minus a set-off for prior settlements.

This is the first instance that Fisher Controls has been found liable for using asbestos in its products.

The jury also awarded $750,000 in punitive damages, finding that Fisher Controls acted with wanton and reckless manners towardDrabczyk and others. This is the first punitive damage award in an asbestos case inNew YorkState in more than 20 years.

The case was tried byBelluck & Fox partner Jordan Fox and Michael P. Joyce of the Law Office of Michael P. Joyce inBoston,MA. The law firm ofLipsitz, Green,Scime Cambria, based inBuffalo,New York, served as co-counsel in the case. The trial lasted six weeks.

"The jury's verdict confirms that this corporation acted in a negligent and reckless manner in selling its valves without ever warning of the dangers associated with the asbestos-containing products used in these valves," Fox said. "The punitive damage verdict underscores that corporations have a duty to workers to protect them from hazards known or knowable regarding their products. The jury held Fisher Controls accountable for the fatal consequences of its actions. Although we cannot bring Mr.Drabczyk back, we hope that this verdict will send a message that these actions will not be tolerated."

AboutBelluck & Fox

Belluck & Fox, LLP is a nationally recognized law firm that represents individuals with asbestos andmesothelioma claims, as well as other serious injuries. The firm has obtained verdicts and settlements of nearly $225 million on behalf of its clients. Partner Jordan Fox has been named to the Best Lawyers inAmerica and to Super Lawyers and on two separate occasions his verdicts were featured as the National Law Journal's Largest Verdict of the Year. Partner Joseph W.Belluck is a Super Lawyer who has prosecuted numerous cases involving injuries from asbestos, defective medical products, tobacco and lead paint, including a recent asbestos case that settled for over $12 million.

Belluck & Fox sponsors www.mesotheliomahelp.net, one of the Web's leading sources of information aboutmesothelioma. The website features in-depth information on the diagnosis and treatment of pleuralmesothelioma and peritonealmesothelioma. MesotheliomaHelp.net also features patient profiles, biographic and contact information formesothelioma specialists throughout the country and a daily blog with the latest research onmesothelioma treatments.

http://www.businesswire.com/portal/site/home/permalink/?ndmViewId=news_view&newsId=20091021006075&newsLang=en
 
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Chemical Plants – Asbestos Trades –Mesothelioma Asbestos Cases Filed

19 new asbestos cases filed inMadisonCountyJune 1-5
6/22/2009 2:44 PM By Kelly Holleran

A total of 19 newasbestos lawsuits were filed in Madison County Circuit Court during the week of June 1 through June 5.

The following complaints were filed:

--Nicholas S. Argenti Sr. and June Loretta Argenti ofNew York claim Nicholas S. Argenti Sr. developed asbestosis after his work in the U.S. Navy from 1955 until 1959. Argenti also worked from 1959 until 1960 as a laborer for N.Y.S. Electric and Gas; from 1960 until 1969 as a shift foreman for Sierra Pacific Power Co.; from 1969 until 1972 as a maintenance mechanic; from 1972 until 1979 and from 1983 until 1986 in the HVAC and refrigeration business; from 1979 until 1983 as an electrician; and as a pipefitter from 1986 until 2001. Elizabeth V Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing the Argentis. Madison County Circuit Court case number: 09-L-564.

--Dennis Bernard ofMaryland, a bricklayer and pipefitter at various locations from 1973 until 1979, claims lung cancer. Bernard is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-573.

--Anthony Branconi ofPennsylvania, an electrician from 1965 until 1979, claims lung cancer. Branconi is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-570.

--Kenneth Heasley Sr. ofSouth Dakota, a boiler and furnace repairman and installer, furnace insulator, construction foreman, mechanic and maintenance worker at various locations from 1959 until 1979, claims lung cancer. Heasley is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-571.

--James A. Hendren of Virginia, a sanitation worker for the town ofSouth Boston,Va., from 1972 until 2008, claims mesothelioma. Hendren is represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-557.

--Isiah Hill Jr. of New Jersey, an electrician at various locations from 1953 until 1978, claims lung cancer. Hill is represented by Robert Phillips, Perry J. Browder and Rosalinid M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-572.

--Dennis Hubner ofIllinois, a machinist, shift coordinator and fork lift operator from 1999 until now, claims mesothelioma. Hubner also helped on the family farm until 1988, according to the complaint. Timothy F. Thompson Jr. of SimmonsCooper inEast Alton will be representing him. Madison County Circuit Court case number: 09-L-561.

--Mark S. Junghans ofWisconsin, a drywaller, laborer, engine mechanic, mechanic, medic, residential construction and remodeling worker and shade-tree mechanic from 1972 until 2009, claims mesothelioma. Junghans is represented by Randy L. Gori of Gori, Julian and Associates inAlton. W. Mark Lanier, Patrick N. Haines and W. Casey Harris of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-559.

--Earl Leeder ofCalifornia, a custodian, engineer and plant director at various locations from 1969 until 1979, claims lung cancer. Leeder is represented by Robert Phillips, Perry J. Browder and Rosalind M. Roberstson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-568.

--Steven Meyer of Okawville claims his recently deceased wife, Olivia Meyer, developed pleural mesothelioma after her work as a bundle girl and custodian at various locations throughIllinois from 1952 until 1959 and from 1984 until 2001. She was also secondarily exposed to asbestos fibers through her son, who worked as a mechanic from 1982 until 1989, Steven Meyer claims. G. Michael Stewart and Jill Price of SimmonsCoooper inEast Alton will be representing her. Madison County Circuit Court case number: 09-L-550.

--Joyce Mullenix ofGeorgia claims her recently deceased husband, Walt T. Mullenix,developed lung cancer after his work as an insulator from 1948 until 1984. Joyce Mullenix says her husband also worked at many industrial and commercial job sites, including paper mills, hospitals, colleges, power plants, refineries, hotels, airports, schools, textile mills andchemical plants. Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing her. Madison County Circuit Court case number: 09-L-560.

--James Nangle ofFlorida, a truck driver at various locations from 1958 until 2004, claims mesothelioma. Nangle is represented by Brian J. Cooke and Drew Sealey of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-574.

--Bonnie Nichols ofKansas claims her recently deceased husband, Neal Nichols, developed mesothelioma after his work from 1970 until 2004 as a carpenter, laborer and truck driver at various locations. Bonnie Nichols is represented by Brian J. Coooke of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-556.

--Brian Noe Jr. of Minnesota claims his recently deceased father, Brian Noe Sr., developed mesothelioma after his work as a laborer at Admiral TV in 1960; as a laborer in the U.S. Navy and at Al Phister Plumbing and Heating from 1965 until 1966; as a laborer at Butcher Boy Doors from 1967 until 1968; as a foreman at Roy Hunt Construction from 1969 until 1984; as a foreman at Bosin Construction from 1986 until 1988 and as a laborer at Smith Steel Inc. from 1997 until 1998. Brian Noe Jr. is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-576.

--Charles Scott of Georgia, an aircraft worker, equipment cleaner, aircraft parts assembler, ship mechanic and insulator at various locations from 1973 until 1979, claims lung cancer. Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton will be representing him. Madison County Circuit Court case number: 09-L-569.

--David Sommerman ofGeorgia claims Edward Sommerman died after developing mesothelioma after working as a fire proofer. David Sommerman is represented by Richard L. Saville Jr. and Ethan A. Flint ofAlton. Madison County Circuit Court case number: 09-L-558.

--James Spangler ofKentucky, a construction worker at various locations from 1963 until 1969, claims lung cancer. Spangler says he was secondarily exposed to asbestos fibers through his family member, John Spangler, who worked from 1940 until 1962 as an electrician at various locations. Robert Phillips, Perry J. Brower and Rosalind M. Robertson of SimmonsCooper inEast Alton will be representing him. Madison County Circuit Court case number: 09-L-567.

--Leslie Vernon Sr. and Mary Ivy Lea Vernon of Texas allege Leslie Vernon Sr. developed mesothelioma after his work in the U.S. Marine Corps from 1943 until 1945 and as an electrician in numerous cities from 1946 until 1986. The Vernons are represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-577.

--Louise Wilkerson ofNorth Carolina, a spinner and laborer at various locations from 1947 until 1979, claims lung cancer. Wilkerson is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-566.

http://www.madisonrecord.com/news/219694-19-new-asbestos-cases-filed-in-madison-county-june-1-5

 
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Chemical Plants – Asbestos Exposure –$3.2 Million Mesothelioma Verdict

 

$3.2 millionmeso verdict upheld

 

June 6th, 2008 by Wendi Lewis

 

TheLouisiana First Circuit Court of Appeal upheld a verdict of $3.2 million for former contractor RayRando, who contractedmesothelioma as a result of asbestos exposure. The defendants are Parsons Infrastructure and Technology Group, and Jacobs Constructors.Rando worked for the companies between 1965 and 1985 as a pipe fitter and welder. He was diagnosed withmesothelioma in 2006.

 

Rando was initially granted the $3.2 million verdict about 15 months ago. The Louisiana Court of Appeal found that because the Louisiana Workers’ Compensation Act does not covermesothelioma, leaving former employees injured by the occupational hazard of asbestos with no other recourse for compensation, lawsuits brought against employers formesothelioma cannot be barred on the basis of workers’ compensation.

 

The appeals court also ruled that the claimsRando made against his employers fell within statute exceptions because his employer, which was a turn-key construction company working onsite atchemical plants, had control over the conditions at the construction sites whereRando was exposed to asbestos.

 

Source: http://www.reuters.com/article/pressRelease/idUS157278+19-May-2008+PRN20080519

 
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Chemical Plants - Mesothelioma Death Lawsuit

16 new asbestos cases filed in Madison County Sept. 21-25
10/9/2009 2:23 PM ByKelly Holleran 

A total of 16 new asbestos lawsuits were filed in Madison County Circuit Court during the week of Sept. 21 through Sept. 25.

The following complaints were filed:

--Mary Bertrand of Ontario alleges the recently deceased Robert Bertrand developed mesothelioma after his work as a laborer and insulator at various locations throughout Illinois and Canada from 1969 until 2008. Mary Bertrand will be represented by Richard L. Saville Jr., Ethan A. Flint and David J. Page of Saville and Flint in Alton. Madison County Circuit Court case number: 09-L-1003.

--Robert and Isabelle Bullock of Ohio claim Robert Bullock developed mesothelioma after his work as a teacher, minister, bus driver, toll booth operator and self-employed operator of various camps and resorts throughout Illinois, Missouri, Pennsylvania and New York from 1950 until 2005. The Bullocks will be represented by Timothy F. Thompson Jr. and Ryan J. Kiwala of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1004.

--Walter Cain, a member of the U.S. Navy from 1967 until 1971 and from 1975 and 1977 and a worker at various other jobs until 2007, claims mesothelioma. Cain will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville and Flint in Alton. Madison County Circuit Court case number: 09-L-1017.

--Bruce Klabunde of North Dakota claims his recently deceased mother, Elizabeth Klabunde, developed mesothelioma after her work as a receptionist and home remodeler at various locations from 1970 until 1979. Bruce Klabunde will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1011.

--Gerald and Kathleen LaBathe of Texas claim Gerald LaBathe developed mesothelioma after his work as a member of the U.S. Army in 1951 and in the National Guard from 1954 until 1974. Gerald LaBathe was also a member of the Asbestos Workers' Local 34 and worked in numerous refineries andchemical plants, according to the complaint. The LaBathes will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1018.

--Dolores Molloy of Illinois claims her recently deceased husband, Joseph Molloy, developed mesothelioma after his work as an electrician and mechanic at various locations from 1948 until 1985. Dolores Molloy will be represented by Nate Mudd of French and Mudd in St. Louis. Madison County Circuit Court case number: 09-L-1025.

--Fabian Moyano claims his recently deceased father, Guillermo Moyano, developed mesothelioma after his work as a superintendent from 1970 until 1979. Fabian Moyano will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1010.

--Dexter Napier of Georgia, a laborer at various locations from 1961 until 1979, claims lung cancer. Napier will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1012.

--Donald Pattison claims recently deceased Arthella Pattison developed mesothelioma after her work at St. Johns and Orvid-Elsie schools. She was also exposed to asbestos fibers through her husband, Reo Ivan Pattison, who worked as a press operator. Donald Pattison will be represented by Richard L. Saville Jr., Ethan A. Flint and Andrew J. Balcer of Saville and Flint in Alton. Madison County Circuit Court case number: 09-L-1026.

--Adriana M. Perez of Florida, a laborer at ABC Print Shop in Miami from 1964 until 1979, a laborer at Haiti from 1964 until 1968, an office worker at Nikki Lu in the 1980s and a secretary at a doctor's office in 1985, claims mesothelioma. Perez claims she was also exposed to asbestos fibers through her husband, who worked as a maintenance worker at a foundry, according to the complaint. Perez will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1002.

--Richard W. and Geraldine F. Reeves of Indiana claim Richard W. Reeves developed mesothelioma after his work as a seaman in the U.S. Navy from 1955 until 1958, as a bill collector for various credit and accounting firms from 1958 until 1970 and as a boilermaker for various employees through the international Boilermaker Union from 1970 until 1995. Richard W. Reeves was also exposed to asbestos fibers through his father, who was a millwright for various employers from 1947 until 1955, according to the complaint. Randy L. Gori of Gori, Julian and Associates in Edwardsville will be representing the Reeves. W. Mark Lanier, Patrick N. Haines, Angela B. Greenberg, Sam T. Richard, Bridget B. Truxillo and Lauren H. Ware of The Lanier Law Firm in Houston will serve of counsel. Madison County Circuit Court case number: 09-L-1005.

--Ella D. Ridout of Texas claims her recently deceased husband, Thomas G. Ridout, developed lung cancer after his work as a member of the U.S. Air Force from 1971 until 1973, as an iron worker, welder and crane operator for various construction companies from 1974 until 1994, as a general foreman for Martin K. Eby from 1994 until 1995, as a general foreman for H.B. Zachry from 1995 until 2001, as a superintendent for Wanzek Construction from 2005 until 2006 and as a general foreman and general superintendent for Fluor. Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing her. Madison County Circuit Court case number: 09-L-1006.

--Anne M. Schmuhl of Ohio claims her recently deceased father, Julius M. Storti, developed mesothelioma after his work with Transformer Engineering Corp. from 1943 until 2006. Schmuhl will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1014.

--Danielle Taurmina of New York claims her recently deceased stepfather, Mario Bosio, developed mesothelioma after his work as a civil engineer and a home remodeler at various locations from 1978 until 1979. Taurmina will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1013.

--Maurice Wintermann of Illinois, a boilermaker, janitor and laborer at various locations from 1950 until 1990, claims mesothelioma. Wintermann will be represented by Andrew O'Brien, Christopher Thoron, Christina J. Neilson, Bartholomew J. Baumstark and Gerald J. FitzGerald of the O'Brien Law Firm in St. Louis. Madison County Circuit Court case number: 09-L-1009.

--John J. Worthen of Illinois, a bricklayer for Worthen Brick Construction Company from 1971 until 1976, a bricklayer for Coppers in 1974, a bricklayer for Ser-Steel from 1976 until 1977 and a bricklayer for National Steel and US Steel from 1977 until now, claims lung cancer. Worthen will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1015

http://www.stclairrecord.com/news/221577-16-new-asbestos-cases-filed-in-madison-county-sept.-21-25

 
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Chemical Plants - Mesothelioma Death Lawsuit

16 new asbestos cases filed inMadisonCountySept. 21-25
10/9/2009 2:23 PM ByKelly Holleran 

A total of 16 new asbestos lawsuits were filed in Madison County Circuit Court during the week of Sept. 21 through Sept. 25.

The following complaints were filed:

--Mary Bertrand ofOntario alleges the recently deceased Robert Bertrand developed mesothelioma after his work as a laborer and insulator at various locations throughoutIllinois andCanada from 1969 until 2008. Mary Bertrand will be represented by Richard L. Saville Jr., Ethan A. Flint and David J. Page of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1003.

--Robert and Isabelle Bullock ofOhio claim Robert Bullock developed mesothelioma after his work as a teacher, minister, bus driver, toll booth operator and self-employed operator of various camps and resorts throughoutIllinois,Missouri,Pennsylvania andNew York from 1950 until 2005. The Bullocks will be represented by Timothy F. Thompson Jr. and Ryan J. Kiwala of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1004.

--Walter Cain, a member of the U.S. Navy from 1967 until 1971 and from 1975 and 1977 and a worker at various other jobs until 2007, claims mesothelioma. Cain will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1017.

--Bruce Klabunde ofNorth Dakota claims his recently deceased mother, Elizabeth Klabunde, developed mesothelioma after her work as a receptionist and home remodeler at various locations from 1970 until 1979. Bruce Klabunde will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1011.

--Gerald and Kathleen LaBathe ofTexas claim Gerald LaBathe developed mesothelioma after his work as a member of the U.S. Army in 1951 and in the National Guard from 1954 until 1974. Gerald LaBathe was also a member of the Asbestos Workers' Local 34 and worked in numerous refineries andchemical plants, according to the complaint. The LaBathes will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1018.

--Dolores Molloy ofIllinois claims her recently deceased husband, Joseph Molloy, developed mesothelioma after his work as an electrician and mechanic at various locations from 1948 until 1985. Dolores Molloy will be represented by Nate Mudd of French and Mudd inSt. Louis. Madison County Circuit Court case number: 09-L-1025.

--Fabian Moyano claims his recently deceased father, Guillermo Moyano, developed mesothelioma after his work as a superintendent from 1970 until 1979. Fabian Moyano will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1010.

--Dexter Napier of Georgia, a laborer at various locations from 1961 until 1979, claims lung cancer. Napier will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1012.

--Donald Pattison claims recently deceased Arthella Pattison developed mesothelioma after her work atSt. Johns and Orvid-Elsie schools. She was also exposed to asbestos fibers through her husband, Reo Ivan Pattison, who worked as a press operator. Donald Pattison will be represented by Richard L. Saville Jr., Ethan A. Flint and Andrew J. Balcer of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1026.

--Adriana M. Perez of Florida, a laborer at ABC Print Shop in Miami from 1964 until 1979, a laborer at Haiti from 1964 until 1968, an office worker at Nikki Lu in the 1980s and a secretary at a doctor's office in 1985, claims mesothelioma. Perez claims she was also exposed to asbestos fibers through her husband, who worked as a maintenance worker at a foundry, according to the complaint. Perez will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1002.

--Richard W. and Geraldine F. Reeves of Indiana claim Richard W. Reeves developed mesothelioma after his work as a seaman in the U.S. Navy from 1955 until 1958, as a bill collector for various credit and accounting firms from 1958 until 1970 and as a boilermaker for various employees through the international Boilermaker Union from 1970 until 1995. Richard W. Reeves was also exposed to asbestos fibers through his father, who was a millwright for various employers from 1947 until 1955, according to the complaint. Randy L. Gori of Gori, Julian and Associates in Edwardsville will be representing the Reeves. W. Mark Lanier, Patrick N. Haines, Angela B. Greenberg, Sam T. Richard, Bridget B. Truxillo and Lauren H. Ware of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-1005.

--Ella D. Ridout of Texas claims her recently deceased husband, Thomas G. Ridout, developed lung cancer after his work as a member of the U.S. Air Force from 1971 until 1973, as an iron worker, welder and crane operator for various construction companies from 1974 until 1994, as a general foreman for Martin K. Eby from 1994 until 1995, as a general foreman for H.B. Zachry from 1995 until 2001, as a superintendent for Wanzek Construction from 2005 until 2006 and as a general foreman and general superintendent for Fluor. Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing her. Madison County Circuit Court case number: 09-L-1006.

--Anne M. Schmuhl ofOhio claims her recently deceased father, Julius M. Storti, developed mesothelioma after his work with Transformer Engineering Corp. from 1943 until 2006. Schmuhl will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1014.

--Danielle Taurmina ofNew York claims her recently deceased stepfather, Mario Bosio, developed mesothelioma after his work as a civil engineer and a home remodeler at various locations from 1978 until 1979. Taurmina will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1013.

--Maurice Wintermann ofIllinois, a boilermaker, janitor and laborer at various locations from 1950 until 1990, claims mesothelioma. Wintermann will be represented by Andrew O'Brien, Christopher Thoron, Christina J. Neilson, Bartholomew J. Baumstark and Gerald J. FitzGerald of the O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-1009.

--John J. Worthen of Illinois, a bricklayer for Worthen Brick Construction Company from 1971 until 1976, a bricklayer for Coppers in 1974, a bricklayer for Ser-Steel from 1976 until 1977 and a bricklayer for National Steel and US Steel from 1977 until now, claims lung cancer. Worthen will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1015

http://www.stclairrecord.com/news/221577-16-new-asbestos-cases-filed-in-madison-county-sept.-21-25

 
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Chemical Plants – Asbestos Trades - $7 Mesothelioma Verdict

ASBESTOS JUDGMENTS COST DUPONT $7 MILLION CHEMICAL GIANT LOSES THREE OF FIVE CLAIMS


Publication: THECHARLESTON GAZETTE
Published: 03/06/2002
Page: 1C
Headline: ASBESTOS JUDGMENTS COST DUPONT $7 MILLIONCHEMICALGIANT LOSES THREE OF FIVE CLAIMS
Byline: LAWRENCE MESSINA

larrym@wvgazette.com

Leonard Dale Cox was chief executive officer of the Bank of Gassaway when doctors told him that asbestos was about to kill him.

Cox, 52, had never worked with the heat- and fire-resistant fibers. Nonetheless, they had coated his lungs enough to promptmesothelioma, an inoperable form of lung cancer.

Doctors soon found the fibers' origin: Cox's father. Cecil Cox had installed asbestos insulation at DuPont's Belle plant from the 1940s until his 1970s retirement. Each day, he brought the fibers home in his work clothes and coveralls.

Leonard Cox died in 2000. He was 53. His survivors blame DuPont for his fatal illness. A Kanawha Circuit jury agreed with them last week, and ordered DuPont to pay $6.4 million.

That verdict includes $1.7 million for Cox's lost earnings, $2 million for Cox's widow and $300,000 to each of their two children for their loss, another $2 million for his pain and suffering and $118,000 for medical bills.


The jury also awarded $600,000 to the widow of aDuPont laborer and mechanic. DuPont intentionally exposed RoyLupardis to asbestos, the jury found, because thechemical giant knew of the fibers' negative effects throughoutLupardis' 35 years at the Belle plant.

"The jury in this case found that the employer, DuPont, acted with 'deliberate intent,'" William Schwartz, a lawyer forLupardis' widow, said Tuesday. "I think that was a significant finding."

But the jury rejected a similar claim from the family of another longtime DuPont worker. RobertPritt had worked at the Belle plant from the 1940s until 1959. He died ofmesothelioma last year.

The jury also refused to blame DuPont for the lung cancer that killed Page Humphreys. His survivors linked his exposure to his stint as a union contract worker at DuPont'sParkersburg plant in 1960.

But the jury awarded $24,800 to a second contract worker. BernardBelville blames the asbestos-related thickening of the lining of his lungs on his 10 weeks at the Belle plant.

The jury reached its various verdicts Friday, capping a three-week trial before a pair of judges assigned all asbestos-related claims.

The case originally involved more than 60 plaintiffs and a number of companies. All but the five claims against DuPont settled before the trial's opening statements.

Asbestos claims generally allege that the companies that made, used or installed the fibrous material had known for decades of its health hazards, but suppressed that knowledge until the 1970s.

The state workers' compensation system normally handles injury claims against employers. Workers must clear a series of legal hurdles when they file suit against employers, as in the case ofLupardis andPritt.

Senior Judge AndrewMacQueen and Ohio County Circuit Judge MartinGaughan presided over the trial, which was held at the Robert C. Byrd United States Courthouse to accommodate the number of lawyers involved.

The jury started deliberating Thursday afternoon and returned its verdicts Friday evening.

To contact staff writer Lawrence Messina, use e-mail or call 348-4869.

http://www.harvitschwartz.com/Newspaper%20articles/ASBESTOS%20JUDGMENTS%20COST%20DUPONT.htm
 
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