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BridgeportConnecticut – Asbestos Trades – $2.59 Million Mesothelioma Jury Award
Jury awards $2.59m to widow
BRIDGEPORT -- Nearly $2.6 million has been awarded nearly to the wife of a former Navy firefighter fromFlorida who died from asbestos-related cancer in 2008 by a Superior Court jury.
After a two-month trial before Judge David Tobin, the six-person jury deliberated for less than a day and a half before ordering Allis-Chalmers Corp. to pay $2,595,000 to Gail Fortier ofPort Orange,Fla. Last Thursday the award was announced.
Fortier's husband, David, died inFlorida three months shy of his 60th birthday last June 20. Hesuffered from mesothelioma, a rare form of cancer caused by asbestos inhalation.
The widow's lawsuit was the first asbestos-related case to go to verdict inConnecticut in 20 years, said the plaintiff's lawyer, Christopher Meisenkothen, who works for the New Haven-based law firm Early, Ludwick, Sweeney and Strauss.
"We are pleased with the result and Mrs. Fortier is certainly pleased," Meisenkothen said.
The lawyer representing Allis-Chalmers, Jeffrey Ment, said however: "We are taking an appeal and we believe the judge made decisions ripe for appellate review."
David Fortier, who was a formerConnecticut resident, served in the U.S. Navy from 1969 to 1972, a majority of that time as a fireman on the USS Forrestal aircraft carrier, according to Meisenkothen. His service began two years after a devastating fire broke out aboard the ship, killing 134 sailors and injuring 161 others.
While on the ship, Fortier worked on pumps and other equipment manufactured by Allis-Chalmers, which, he said, were heavily insulated with asbestos.
Fortier was diagnosed with mesothelioma in October 2006, the lawyer said, and in December 2006 a lawsuit was filed.
Allis-Chalmers was once one of the world's largest manufacturer's of farm and other heavy equipment. Now theTexas headquartered company concentrates on oil field services.
BridgeportConnecticut - $2.6 Million Death Verdict
JURY AWARDS $2.6 MILLION AGAINST ALLIS CHALMERS CORPORATION
By NancyGalloway on March 24, 2009 United States ofAmerica
JURY AWARDS $2.6 MILLION AGAINST THE ALLIS-CHALMERS CORPORATION Simon, Eddins & Greenstone, LLP and Early, Ludwick & Sweeney, LLC gains Multi-Million Dollar Verdict
FOR IMMEDIATE RELEASE
(Free-Press-Release.com) March 24, 2009 --
Case Style: David H. Fortier, et al., vs. Aerco International, Inc., et al, In the Superior Court J.D. ofFairfield atBridgeport,Connecticut, No. BA 06-5005849S
Jury Verdict: $ 2,595,000.00 million
Plaintiff(s): David H. Fortier, deceased and Gail M. Fortier
Defendant: Allis-Chalmers Corporation
Verdict Date: March 10, 2009
Facts: David Fortier, a 59-year oldFlorida resident, suffered from mesothelioma caused by asbestos exposure. Fortier was diagnosed with mesothelioma in 2006 and died from this fatal disease on June 20, 2008. Fortier was a fireman assisting machinist mates in the machinery spaces on the USS Forrestal from 1969-1972. He regularly worked on and around Allis-Chalmers pumps that contained asbestos gaskets and packing. Many of the pumps were also covered in asbestos insulation.
JURY AWARDS $2.6 MILLION AGAINST ALLIS CHALMERS CORPORATION
Following less than five hours of deliberations, the jury returned a $2.6 million dollar verdict in favor of the Fortier family. The jury assessed $1,775,000.00 in non-economic damages and $820,000.00 in economic damages. The jury found that the Allis-Chalmers Corporations pumps were a substantial factor in causing Dave Fortier’s death. The pumps were found to be defectively designed and the jury concluded that the company negligently failed to warn Dave Fortier and others of the inherent dangers of working with their asbestos-laden pumps.
“We are so happy for Gail Fortier and her family. David Fortier did exactly what he was supposed to do – he worked hard to provide for his family and served his country honorably. He had no idea that Allis-Chalmers products could hurt him. Allis-Chalmers had every to know that using their product could hurt people, people like Dave Fortier and continued to sell their pumps with no warnings. Only the jury force Allis-Chalmers to accept responsibility. On Tuesday, they unanimously decided that this company was liable for what they did to David and his family,” said Jessica Dean, lead counsel for the Fortier family.
Plaintiff attorneys: Jessica Dean, Eddins & Greenstone, LLP,Dallas,Texas
Christopher Meisenkothen, Early, Ludwick & Sweeney, LLC;New Haven,Connecticut.
Defense attorneys: Jeff Ment, Rome McGuigan, P.C.,HartfordConnecticut
Morris Borea,Rome McGuigan, P.C.,HartfordConnecticut
Judge: Honorable David Honorable David R.
Plaintiff experts: Dr. Arnold Brody (cell biologist); Captain William Lowell (Retired Navy Captain); Dr. Gary Crakes (economist); Jerald Abraham, M.D. (pathologist); and Steven Paskal (industrial hygienist).
FOR ADDITIONAL INFORMATION CALL: JESSICA DEAN (214)