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St Louis – Asbestos Trades –Mesothelioma Lawsuit

12 new asbestos cases filed inMadisonCountyJan. 11-15
1/26/2010 3:28 PM By Kelly Holleran 

A total of 12 newasbestos lawsuits were filed in Madison County Circuit Court throughout the week of Jan. 11 through Jan. 15.

The following complaints were filed:

--Elizabeth E. and Gary R. Batteiger ofMissouri claim Elizabeth E. Batteigerdeveloped lung cancer after being secondarily exposed to asbestos fibers through her husband, who was a member of The Heat and Frost Insulators' Local #1 inSt. Louis. The Batteigers will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 10-L-24.

--Flora Bonar ofLouisiana claims her recently deceased husband, Donald Bonar, developed mesothelioma after his work as a radio technician at various locations from 1956 until 1979. Bonar will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-38.

--Marvin Carr ofIndiana alleges his recently deceased wife, Judith Ann Carr, developed lung cancer after her work as a laborer and home remodeler at various locations from 1968 until 1979. Marvin Carr will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-35.

--Sheila Dickeson of Alabama claims her recently deceased father, Enoch Duncan, developed malignant mesothelioma after his work as a doffer and laborer for Profile Cotton Mills from 1951 until 1953; as a laborer for Lee Brothers Foundry from 1952 until 1953; as a carpenter for O.W. Powers from 1953 until 1959; as a doffer and laborer for Union Yarn Mills from 1959 until 1965; as a brick mason for W. Ernest Rhodes from 1965 until 1976; as a self-employed brick mason from 1977 until 1982; as a brick mason for Bruce Smith Masonry from 1983 until 1985; and as a brick mason for Troy Spurlin from 1985 until 1991. Dickeson will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 10-L-26.

--Danny and Charlsie Elling of Oklahoma claim Danny Elling developed lung cancer after his work as a plumber at Archie Dupler Plumbing in 1971; as a carpenter for Jones Byrnes Construction from 1971 until 1972; as a plumber, pipefitter and laborer for Globe Construction from 1972 until 1973; as a plumber and pipefitter for Weatherby Godby Construction from 1973 until 1975; as a plumber and pipefitter for Ivey Plumbing and Electrical from 1975 until 1977; as a plumber and pipefitter for Republic Mechanical from 1977 until 1980; as a plumber and pipefitter for L&S Mechanical from 1980 until 1988; as a plumber and pipefitter for Adair Plumbing and Heating from 1988 until 1991; as a project supervisor for Advance Enterprises from 1991 until 2004; and as a self-employed shade tree mechanic from 1966 until now. The Ellings will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 10-L-25.

--Marcell F. Jones ofIllinois claims her recently deceased husband, John H. Jones Sr., developed lung cancer after his work as a laborer and maintenance worker at various locations from 1966 until 1979. Jones will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-36.

--Ventura and Rosa Maria Lopez ofCalifornia claim Ventura Lopez developed mesothelioma after his work as a sanitation worker, laborer, mechanic and foreman from 1963 until 1979 and as a mechanic at Soco Gas Company from 1975 until 1979. The Lopezes will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, C. Taylor Campbell, J.D. McMullen, William H. Barfield and Matthew P. McFarlane of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 10-L-29.

--Cora McGinn ofAlabama alleges her recently deceased husband, Stanley McGinn, developed mesothelioma after his work from 1962 until 1970 as a maintenance and repairman at Sears. Cora McGinn will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, R. Craig Bullock and J. Kyle Beale of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 10-L-27.

--John J. Meyer Jr. and Kristian Marie Meyer of Iowa allege John J. Meyer Jr. developed mesothelioma after his work as a general laborer in a machine shop in 1963; as a laborer for a service station in 1964; as a gas furnace installer and remover for Smith Plumbing and Heating in 1964; as a 10-foot boring mill operator at Hydro-Tile from 1964 until 1965; as a teletype operator and maintenance worker for the U.S. Army from 1965 until 1968; as a tire and muffler changer at Sears from 1968 until 1972; and as a boiler and refrigeration systems maintenance man at Sara Lee from 1972 until 1980. The Meyers will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, R. Craig Bullock and J. Kyle Beale of The Lanier Law Firm inHouston will be representing him. Madison County Circuit Court case number: 10-L-28.

--Roberta Mileski ofSouth Carolina, a clerk, laborer, beautician and health care aide worker at various locations throughout theUnited States from 1949 until 1978, claims mesothelioma. Mileski will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-19.

--Saundra Mosby ofIllinois claims her recently deceased husband, Leo Mosby Jr., developed mesothelioma after his work as an electrician and laborer at various locations throughoutIllinois andMissouri from 1959 until 2009. Saundra Mosby will be represented by Shane F. Hampton and Paul M. Dix of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-39.

--Doris Orr ofIndiana claims her recently deceased husband, Robert Orr, developed mesothelioma after his work as a laborer, machinist and maintenance worker at various locations from 1951 until 1979. Doris Orr will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-37.

http://www.madisonrecord.com/news/224350-12-new-asbestos-cases-filed-in-madison-county-jan.-11-15

 
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St. Louis – 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 wasexposed 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 a chemical 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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Illinois – Asbestos Trades – $2.5 Million Asbestos Lawsuit

Southern Illinois cases included in asbestos MDL: 94-year-oldTennesseean among plaintiffs
5/15/2009 5:21 AM By SteveKorris 

Robreno

PHILADELPHIA -Rubert Ellington ofTennessee, 94-years-old, claims his former employers owe him $2.5 million for wrecking his health.

Ellington suedIllinois Central Railroad atU.S. district court inEast St. Louis in 2007, claiming itexposed him to harmful asbestos from 1959 to 1979.

Lawyer William Gavin ofBelleville added a claim that BNSF similarly harmed him from 1957 to 1959.

Gavin's complaint showed he was born in 1914.

On Thursday, May 14, Ellington answered his phone inMilan,Tenn. and said he couldn't hear well.

He heard a question about his age and said he was born Sept. 21, 1914.

In answer to the next question he said he couldn't hear. He hung up.

His claim will vanish unless Gavin rescues it from swift disposal by U.S. District Judge EduardoRobreno ofPhiladelphia.

Robreno, responsible for pretrial proceedings in asbestos suits from federal courts around the nation, has cleared away claims at a rate of 6,000 a day this year.

He took over the docket last year and required each plaintiff to state a claim against each defendant rather than a blanket claim against all defendants.

Where many plaintiffs joined a single suit, he required a separate suit from each.

His process turned tens of thousands of suits into more than three million suits.

Defendants askedRobreno to dismiss about half the claims with a stroke of a pen, butRobreno preferred a thorough approach.

He asked defendants for "show cause" motions to get rid of claims one by one, and he set weekly hearings for hundreds at a time.

He enlisted a platoon of magistrates to preside over settlement conferences, and he started rounding up mediators.

On May 4 he appointed a mediator for 2,800 plaintiffs fromIndiana,Wisconsin andIllinois, including more than 100 from the Southern District ofIllinois.

On May 7 he focused on 22 Gavin plaintiffs and five clients ofSt. Louis lawyer Patrick O'Brien in the Southern District.

They all suedIllinois Central as their former employer.

Among those who listed home towns, not one lived inSouthernIllinois.

Two O'Brien clients came from Heyworth and the others came fromDecatur,Champaign and Tuscola, all in the Central District.

An O'Brien complaint lists a litany of more than 20 ways to cough, plus a lament of constant medical care.

The same words appear in each complaint.

Gavin sued on behalf of three and four men at a time, claiming common issues regardless of occupation, location or duration.

In one case he asserted common questions for acarman who started work in 1950, a laborer who started in 1953, an electrician who started in 1974, and an electrician who started in another city in 1972.

All four lived inAlabama.

In another suit Gavin asserted common questions for two engineers and twocarmen whose jobs began from 1934 to 1971.

The complaint didn't say where the plaintiffs lived.

Another suit showed twoMississippi plaintiffs, one fromAlabama, and one fromCoconino County,Ill.

Illinois lacks aCoconinoCounty, though it could use one. The realCoconinoCounty, inArizona, features theGrand Canyon.

Gavin didn't specify damages for any client but Ellington.

None of the cases remained in the Southern District for long.

Defendants asked the U.S. Judicial Panel on Multi District Litigation to transfer them toPhiladelphia, and the panel granted transfers.

This February, defendants filed show cause motions asserting that plaintiffs didn't state specific claims asRobreno required.

O'Brien responded that he didn't receive notices to comply withRobreno's order and didn't know about it until defendants posted the motions at the Southern District.

Terry Brown ofBelleville entered an appearance as his co-counsel.

Gavin didn't respond as smoothly as O'Brien.

On April 24 the court received responses on behalf of Gavin's clients, arguing that they met the requirements of the order in 2007.

The responses bore the signature of Hector Sandoval, ofRoven-Kaplan inHouston.

On April 27 clerks declared the responses deficient because they didn't come through Sandoval's password.

The Gavin and O'Brienplaintiffs suits started from 2004 to 2007.

On May 11 a new case fromSouthernIllinois bubbled up onRobreno's front burner.

The Multi District Panel sent him awrongful death suit that MichaelCascino ofChicago filed in January on behalf of the late EdwardShotts.

According to the complaintShotts died in 2005, at age 76.

Cascino didn't give his residence, but a work history placed him inIndiana.

Prior to transfer, defendantsOwens-Illinois and Guard Line Inc. argued that a two year limit had run out on wrongful death.

Airgas Merchant Gases echoed the argument and added that the complaint was devoid of facts.

Diseases

From all five O'Brien complaints: Plaintiff has developed or is at risk to develop one or more of the following diseases: asbestosis, lung cancer,mesothelioma, asbestos related pleural disease, mixed dust, pneumoconiosis, occupational asthma, bronchitis, obstructive lung disease, chronic obstructive lung disease, silicosis, shortness of breath, reduced lung function, chronic persistent cough, chest congestion, sleep interruption, aggravation of pre-existing and co-existing disease, throat cancer, laryngeal cancer, lymphoma, gastrointestinal cancer, colon, stomach and rectal cancer, other asbestos related cancers, other diesel fume and exhaust related cancers, and other cancers associated with toxic exposure to solvents, chemicals, industrial products or chemicals, dusts, and/or particles.

The complaints also state that plaintiff has been under constant medical care and attention and will continue to receive same.

http://www.madisonrecord.com/news/219046-southern-illinois-cases-included-in-asbestos-mdl-94-year-old-tennesseean-among-plaintiffs
 
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St LouisIllinois – Asbestos Trades – $2.5 Million Asbestos Lawsuit

Southern Illinois cases included in asbestos MDL: 94-year-oldTennesseean among plaintiffs
5/15/2009 5:21 AM By SteveKorris 

Robreno

PHILADELPHIA -Rubert Ellington ofTennessee, 94-years-old, claims his former employers owe him $2.5 million for wrecking his health.

Ellington suedIllinois Central Railroad atU.S. district court inEastSt. Louis in 2007, claiming itexposed him to harmful asbestos from 1959 to 1979.

Lawyer William Gavin ofBelleville added a claim that BNSF similarly harmed him from 1957 to 1959.

Gavin's complaint showed he was born in 1914.

On Thursday, May 14, Ellington answered his phone inMilan,Tenn. and said he couldn't hear well.

He heard a question about his age and said he was born Sept. 21, 1914.

In answer to the next question he said he couldn't hear. He hung up.

His claim will vanish unless Gavin rescues it from swift disposal by U.S. District Judge EduardoRobreno ofPhiladelphia.

Robreno, responsible for pretrial proceedings in asbestos suits from federal courts around the nation, has cleared away claims at a rate of 6,000 a day this year.

He took over the docket last year and required each plaintiff to state a claim against each defendant rather than a blanket claim against all defendants.

Where many plaintiffs joined a single suit, he required a separate suit from each.

His process turned tens of thousands of suits into more than three million suits.

Defendants askedRobreno to dismiss about half the claims with a stroke of a pen, butRobreno preferred a thorough approach.

He asked defendants for "show cause" motions to get rid of claims one by one, and he set weekly hearings for hundreds at a time.

He enlisted a platoon of magistrates to preside over settlement conferences, and he started rounding up mediators.

On May 4 he appointed a mediator for 2,800 plaintiffs fromIndiana,Wisconsin andIllinois, including more than 100 from the Southern District of Illinois.

On May 7 he focused on 22 Gavin plaintiffs and five clients ofSt. Louis lawyer Patrick O'Brien in the Southern District.

They all sued Illinois Central as their former employer.

Among those who listed home towns, not one lived inSouthern Illinois.

Two O'Brien clients came from Heyworth and the others came fromDecatur,Champaign and Tuscola, all in the Central District.

An O'Brien complaint lists a litany of more than 20 ways to cough, plus a lament of constant medical care.

The same words appear in each complaint.

Gavin sued on behalf of three and four men at a time, claiming common issues regardless of occupation, location or duration.

In one case he asserted common questions for acarman who started work in 1950, a laborer who started in 1953, an electrician who started in 1974, and an electrician who started in another city in 1972.

All four lived inAlabama.

In another suit Gavin asserted common questions for two engineers and twocarmen whose jobs began from 1934 to 1971.

The complaint didn't say where the plaintiffs lived.

Another suit showed twoMississippi plaintiffs, one fromAlabama, and one fromCoconino County,Ill.

Illinois lacks aCoconinoCounty, though it could use one. The realCoconinoCounty, inArizona, features theGrand Canyon.

Gavin didn't specify damages for any client but Ellington.

None of the cases remained in the Southern District for long.

Defendants asked the U.S. Judicial Panel on Multi District Litigation to transfer them toPhiladelphia, and the panel granted transfers.

This February, defendants filed show cause motions asserting that plaintiffs didn't state specific claims asRobreno required.

O'Brien responded that he didn't receive notices to comply withRobreno's order and didn't know about it until defendants posted the motions at the Southern District.

Terry Brown ofBelleville entered an appearance as his co-counsel.

Gavin didn't respond as smoothly as O'Brien.

On April 24 the court received responses on behalf of Gavin's clients, arguing that they met the requirements of the order in 2007.

The responses bore the signature of Hector Sandoval, ofRoven-Kaplan inHouston.

On April 27 clerks declared the responses deficient because they didn't come through Sandoval's password.

The Gavin and O'Brienplaintiffs suits started from 2004 to 2007.

On May 11 a new case fromSouthern Illinois bubbled up onRobreno's front burner.

The Multi District Panel sent him a wrongful death suit that MichaelCascino ofChicago filed in January on behalf of the late EdwardShotts.

According to the complaintShotts died in 2005, at age 76.

Cascino didn't give his residence, but a work history placed him inIndiana.

Prior to transfer, defendants Owens-Illinois and Guard Line Inc. argued that a two year limit had run out on wrongful death.

Airgas Merchant Gases echoed the argument and added that the complaint was devoid of facts.

Diseases

From all five O'Brien complaints: Plaintiff has developed or is at risk to develop one or more of the following diseases: asbestosis, lung cancer,mesothelioma, asbestos related pleural disease, mixed dust, pneumoconiosis, occupational asthma, bronchitis, obstructive lung disease, chronic obstructive lung disease, silicosis, shortness of breath, reduced lung function, chronic persistent cough, chest congestion, sleep interruption, aggravation of pre-existing and co-existing disease, throat cancer, laryngeal cancer, lymphoma, gastrointestinal cancer, colon, stomach and rectal cancer, other asbestos related cancers, other diesel fume and exhaust related cancers, and other cancers associated with toxic exposure to solvents, chemicals, industrial products or chemicals, dusts, and/or particles.

The complaints also state that plaintiff has been under constant medical care and attention and will continue to receive same.

http://www.madisonrecord.com/news/219046-southern-illinois-cases-included-in-asbestos-mdl-94-year-old-tennesseean-among-plaintiffs
 
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St LouisMissouri – Asbestos Company – Asbestos Related Disease

Tennessee man claims mesothelioma in suit 
11/5/2008 11:10 AM by Kelly Holleran 

 

ATennessee man and his wife have filed an asbestos suit against 111 defendant corporations, claiming themesothelioma with which the man was diagnosed was wrongfully caused.

Charles and Elizabeth Summey claim Charles was diagnosed with the disease July 23, according to a lawsuit filed Oct. 29 in Madison County Circuit Court.

They say Charles worked from from 1950 until 1954 in the U.S. Navy, from 1955 until 1957 as a stockman at Magnavox and from 1957 until 1992 as a machine attendant/production worker at RCA.

They state Charles's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.

They claim his disease was caused after he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers. 

The Summeys allege the asbestos-related disease disabled and disfigured Charles and has caused substantial medical costs. Charles also has and will continue to experience physical pain and mental anguish, they claim in the lawsuit.

Mesothelioma hindered and prevented Charles from pursuing his normal course of employment, according to the suit. 

As a result, he lost large sums of money, the Summeys claim.

Because of the disease,Elizabeth claims she has been deprived of the companionship, society and services of Charles.

In the 11-count lawsuit, the couple is seeking sums in excess of $100,000, punitive and exemplary damages in excess of $100,000, economic damages in excess of $150,000, compensatory damages in excess of $150,000, and for other relief the Court deems appropriate.

They also seek punitive damages in an amount sufficient to punish Ferris Kimball Company, LLC, Sprinkmann Sons Corporation, Sprinkmann Insulation, Inc., and Young Insulation Group ofSt. Louis for their misconduct and to deter similarly situated parties from committing like acts in the future.

They are represented by Randy L. Gori and Barry Julian of Gori, Julian & Associates inAlton.

Madison County Circuit Court case number: 08-L-1016.

http://www.madisonrecord.com/news/215690-tennessee-man-claims-mesothelioma-in-suit
 
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St Louis Missouri – $2.25 Mesothelioma Verdict 

 

$2.25 million awarded in asbestos death

Jury finds reckless disregard for safety by Fisher Controls in case of Falls man

By Matt Gryta

NEWS STAFF REPORTER

Updated: October 22, 2009, 7:17 am
Published: October 22, 2009, 12:30 am

 

A Buffalo jury has ordered aSt. Louis-based supplier of industrial control valves and control systems to pay the estate of a Niagara Falls man $2.25 million for the former Hooker Chemical repairman’s death from cancer, court officials confirmed Wednesday.

Following a six-week trial, the jury held Fisher Controls financially liable for the asbestos-caused mesothelioma that killed Ronald Drabczyk. He died at 70 on Nov. 29, 2005, nine years after his retirement from the Niagara Falls plant.

Drabczyk, from 1970 through 1988, regularly repaired valves manufactured by Fisher Controls that contained asbestos gaskets and packing, trial attorneys said.

The jury found Fisher Controls had acted with reckless disregard for Drabczyk’s workplace safety, making it 100 percent financially responsible for his painful death under New York law, court officials said.

Court officials said the verdict, which includes a $750,000 punitive damages award, marks both the first time Fisher Controls has been found liable for using asbestos in its products and the first punitive damages award in a New York State asbestos case in more than 20 years.

Trial attorneys Jordan Fox of the New York firm of Belluck & Fox, Michael P. Joyce of Boston, Mass., and Cherie L. Peterson of the Buffalo firm of Lipsitz, Green, Scime and Cambria said they anticipate an appeal by Fisher Controls in an effort to cut down the jury total.

During the jury trial before State Supreme Court Justice John P. Lane, attorneys for Drabczyk established that officials of Fisher Controls, a subsidiary of Emerson Electric Co., were aware of the dangers of asbestos in the workplace as early as 1946 but failed to place any warnings on their products.

“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.

“Although we cannot bring Mr. Drabczyk back, we hope this verdict will send a message that these actions will not be tolerated,” added Fox, whose New York City-based firm is a major litigator of asbestos and mesothelioma cases across the nation.

mgryta@buffnews.com

http://www.buffalonews.com/2009/10/22/835561/225-million-awarded-in-asbestos.html

 
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