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Mesothelioma Legal News: Advocate Mines LTD


 

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Advocate Mines Limited – Asbestos Trades – $3.4 Million Mesothelioma Lawsuit

Jury Assesses a $3.4 Million Verdict for Johns-Manville Worker With Mesothelioma

Former Johns-Manville worker, Richard Worthley Sr., was exposed to raw asbestos supplied by Advocate Mines Limited. Due to his occupational asbestos exposure, he ultimatelydeveloped and succumbed to mesothelioma. In his defective product and negligence case againstAdvocate Mines Limited, aSan Francisco jury ruled in favor of Mr. Worthley's family, assessing a $3.4million verdict.

Novato,CA (PRWEB) July 23, 2009 -- After a single day of deliberations on Wednesday, July 22, 2009, aSan Francisco jury ruled in favor of the family of Richard Worthley Sr., a deceased former Johns-Manville Transite plant worker fromBeaumont,California. The jury assessed a combined verdict of almost $3.4million againstAdvocate Mines Limited due to their contribution in causing Mr. Worthley's mesothelioma and death. The jury determined thatAdvocate Mines Limited exposed Mr. Worthley to its defectively designed asbestos product, failed to warn about the dangers of their asbestos product, and that they were negligent. Advocate Mines Limited is an asbestos mine inBaie Verte,Newfoundland.          

Mr. Worthley served in the United States Marine Corps in the San Francisco Bay Area,San Diego,California, andVietnam from 1963 to 1967. In May 1968, he started his career at the Johns-Manville,Waukegan,IL plant as a painter, then a production planner, and eventually as a millwright. When the Johns-Manville plant closed in 1984, he worked as a maintenance mechanic and service technician throughoutSouthern California. In 2004, Mr. Worthley was diagnosed with mesothelioma, a fatal asbestos caused cancer of the pleura, the organ that protects the lungs.

 We demonstrated to the jury that it was the total dose of asbestos that Mr. Worthley was exposed to at the Johns-Manville plant, including resuspended asbestos fiber fromAdvocate Mines Limited,that contributed together to cause his mesothelioma and death. 

 

Advocate Mines Limited supplied bulk asbestos fiber to the Johns-Manville,Waukegan,IL plant from December 1963 to April 1967. During his career at the plant from May 1968 to November 1984, Mr. Worthley was exposed to dust from the raw asbestos fiber used to make Transite asbestos-cement pipe, including asbestos fiber that had been reentrained and resuspended from whenAdvocate Mines Limitedsupplied asbestos fiber to the plant. In addition to simply being present on a daily basis in the contaminated plant, one of Mr. Worthley's jobs was to clean and repair the Transite manufacturing equipment. This included the willows, cleaning and repairing the dust collection equipment, the bag houses, ventilators, and cyclones. All these activities exposed Mr. Worthley to asbestos dust, including asbestos that originated from Advocate Mines Limited.

The trial began on June 10, 2009 and was presided over by the Hon. Tomar Mason in Department 606 of the San Francisco Superior Court. At trial, plaintiffs presented evidence showing that when used as intended, hazardous levels of respirable asbestos dust fromAdvocate Mines Limited raw asbestos fiber was released into the background of the facility. By 1963, it was well established in medicine and science that asbestos caused asbestosis, pleural disease, lung cancer, and mesothelioma. Yet, Advocate Mines Limited supplied its defective asbestos fiber without any warnings or any other reasonable care to avoid injury to others. The jury assigned 5% percent of the liability to Advocate Mines Limited.

"We demonstrated to the jury that it was the total dose of asbestos that Mr. Worthley was exposed to at the Johns-Manville plant, including resuspended asbestos fiber fromAdvocate Mines Limited, that contributed together to cause his mesothelioma and death." said James P. Nevin, counsel for Richard Worthley. Mr. Nevin of BraytonPurcell LLP, represented the Worthley family at trial.

DefendantAdvocate Mines Limited was represented at trial by John Graniez and Suzanne Golden of Lewis Brisbois Bisgaard & Smith LLP.

Case Information:
Mickie Worthley et al. v.Advocate Mines Limited, et. al.
San Francisco Superior Court Case No. 432308

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Advocate Mines Limited – Asbestos Company –Mesothelioma Lawsuit

MESOTHELIOMA COURT CASE ROUNDUP

August 2009

Juries around the country have recently awarded more than$31.6 million in a half-dozen lawsuits triggered by disease relating to plaintiffs’ alleged exposure to asbestos.Asbestos fibers are linked to various diseases, includingmesothelioma, a deadly cancer of thelining of the lung and stomach. The mesothelioma case results are as follows:

·  $12.1 million to a retiredNavy machinist againstLone Star Industries andJohn Crane, Inc.

·  $8.4 million to a formerdrywaller againstHamilton Materials, Inc.

·  $4.5 million to the family of a deceasedconstruction worker againstBondex International, Inc. and Conwed Corp.

·  $3.4 million to the family of a deceasedasbestos transite plant worker againstAdvocate Mines Limited.

·  $2.5 million to the family of a deceased spouse of anasbestos worker againstUnion Asbestos & Rubber Co.; UNARCO Industries, Inc.; Pneumo Abex, LLC; Honeywell International, Inc.; Johns-Manville; Raybestos-Manhattan; Owens-Illinois; Owens Corning; and Metropolitan Life Insurance Co.

·  $700,000 to the family of a deceasedmechanic’s assistant againstGarlock Sealing Technologies.

 

http://www.pattonboggs.com/newsletters/insights/Release/insights_2009_08.htm
 
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Advocate Mines – Asbestos Exposure – $3.4 Million Mesothelioma Award

California jury awards $3.4M in asbestos case

By Tooher, Nora
Publication: LawyersUSA
Date: Friday, July 31 2009

ASan Franciscojury deliberated one day before finding a Canadian company liable for exposing a deceased formerJohns-Manville Transite plant worker to asbestos.

Richard Worthley Sr., aVietnam veteran, worked in theplant inWaukegan,Ill. from May 1968 to 1984, when it closed.

He moved tosouthernCalifornia and worked as amaintenance mechanic and service technician until 2004, when he wasdiagnosed with mesothelioma, a cancer caused by asbestos exposure.

The defendant in the case,Advocate Mines of Newfoundland,Canada, argued that it had stopped supplying asbestos to the plant 13 months before Worthley began working there, and denied liability for any asbestos exposure.

But Plaintiffs' attorney James Nevin told jurors that Worthley - who held several jobs at the plant as apainter, production planner and millwright - was exposed to dust from rawasbestos fiber on a daily basis.

The fiber he was exposed to was used to makeasbestos-cement pipe, and it included fiber supplied byAdvocate Mines that remained in the plant, Nevin said.

http://www.allbusiness.com/legal/torts-toxic-torts/12601556-1.html
 
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Lone Star Industries –Asbestos Company - Mesothelioma Jury Award

 

MESOTHELIOMA COURT CASE ROUNDUP

August 2009

Juries around the country have recently awarded more than$31.6 million in a half-dozen lawsuits triggered by disease relating to plaintiffs’ alleged exposure toasbestos. Asbestos fibers are linked to various diseases, includingmesothelioma, a deadly cancer of the lining of the lung and stomach. Themesothelioma case results are as follows:

·  $12.1 million to a retired Navy machinist against Lone Star Industries and John Crane, Inc.

·  $8.4 million to a formerdrywaller against Hamilton Materials, Inc.

·  $4.5 million to the family of a deceased construction worker againstBondex International, Inc. andConwed Corp.

·  $3.4 million to the family of a deceased asbestostransite plant worker againstAdvocate Mines Limited.

·  $2.5 million to the family of a deceased spouse of an asbestos worker against Union Asbestos & Rubber Co.; UNARCO Industries, Inc.;PneumoAbex, LLC; Honeywell International, Inc.; Johns-Manville;Raybestos-Manhattan; Owens-Illinois; Owens Corning; and Metropolitan Life Insurance Co.

·  $700,000 to the family of a deceased mechanic’s assistant againstGarlock Sealing Technologies.

 

http://www.pattonboggs.com/newsletters/insights/Release/insights_2009_08.htm

 
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Advocate Mines – Asbestos Company – $3.4 Million Mesothelioma Verdict

California jury awards $3.4M in asbestos case

By Tooher, Nora
Publication: LawyersUSA 
Date: Friday, July 31 2009 

ASan Francisco jury deliberated one day before finding a Canadian company liable for exposing a deceased former Johns-Manville Transite plant worker to asbestos.

Richard Worthley Sr., aVietnam veteran, worked in the plant inWaukegan,Illinois. from May 1968 to 1984, when it closed.

to southernCalifornia and worked as a maintenance mechanic and service technician until 2004, when he was diagnosed withmesothelioma, a cancer caused by asbestos exposure.

The defendant in the case,Advocate Mines of Newfoundland,Canada, argued that it had stopped supplying asbestos to the plant 13 months before Worthley began working there, and denied liability for any asbestos exposure.

But Plaintiffs' attorney James Nevin told jurors that Worthley - who held several jobs at the plant as a painter, production planner and millwright - was exposed to dust from raw asbestos fiber on a daily basis.

The fiber he was exposed to was used to make asbestos-cement pipe, and it included fiber supplied byAdvocate Mines that remained in the plant, Nevin said.

In addition to being exposed to asbestos by working in the contaminated plant, one of Worthley's jobs was to clean and repair manufacturing and dust-collection equipment in the factory, including the ventilators.

"All those activities exposed Mr. Worthley to asbestos dust, including fromAdvocate Mines Limited," Nevin said.

Chrysotile safety debated

The two main issues during the six-week trial were whether Worthley was exposed to asbestos dust at the plant, and whether the asbestos fromAdvocate Mines caused his mesothelioma.

Defense attorney John Graniez argued that there wasn't enough ofAdvocate Mine's asbestos left in the plant to be harmful by the time Worthley started working there.

"Common sense will tell you that none ofAdvocate Mine's asbestos could have contributed to that guy's mesothelioma," Graniez said.

A secondary defense argument was that even if a minor amount ofAdvocate Mine's asbestos was left in the plant, it was a form of asbestos - Chrysotile - that was not as hazardous as other forms.

Both arguments failed.

"The jury wasn't buying any of it," Nevin commented.

Plaintiffs' experts included Kenneth Cohen, an industrial hygienist fromEl Cajon,Calif.; a pulmonatory pathologist, an epidemiologist and an asbestos detection expert.

They all testified that scientific literature andU.S. safety standards "are all very consistent [in stating] that all types of asbestos cause mesothelioma," Nevin said.

Advocate Mines "supplied its defective asbestos fiber without any warnings or any other reasonable care to avoid injuries to others," he added.

In a statement, Nevin said that the plaintiffs "demonstrated to the jury that it was the total dose of asbestos that Mr. Worthley was exposed to at the Johns-Manville plant, including resuspended asbestos fiber fromAdvocate Mines Limited, that contributed together to cause his mesothelioma and death."

During cross-examination, Nevin confronted defense experts with articles by 52 mainstream scientists confirming that Chrysotile asbestos causes mesothelioma.

On July 22, the 12 jurors unanimously held thatAdvocate Mines was liable for negligence, defective design and failure to warn. They awarded $877,750 in economic damages and $2.5 million in non-economic damages. However,Advocate Mines was held liable only for 5 percent of Worthley's non-economic damages.

The jury didn't find anyone liable for the other 95 percent. But many other defendants already settled in this case - for both personal injury and wrongful death claims - for a total of$1.5 million.Advocate Mines was the only defendant to go to trial.

UnderCalifornia law, the company is jointly and severally liable for the economic damages, but only liable for its share of fault for the non-economic damages.

That means the judge applied the 5 percent "at fault" determination to the $2.5 million in non-economic damages, makingAdvocate Mines liable for $125,000 of that amount.

In awarding economic damages, the judge will consider the economic damages awarded at trial, thesettlements from other defendants andAdvocate's liability in calculating a figure.

Graniez believes economic damages will amount to about $628,000, for a total award of $753,000, plus costs. Nevin expects the final amount will be closer to $800,000.

"The plaintiffs will never be made completely whole," Nevin said. "This is one of the harsh realities of the legacy of asbestos exposure to American workers. They and their families are rarely fully compensated."

Graniez said that post-trial motions are scheduled for Sept. 11, at which time the judge will determine economic damages.

Plaintiffs' attorney: James Nevin of Brayton & Purcell inNovato,Calif.

Defense attorneys: John Graniez and Suzanne Golden of Lewis Brisbois Bisgaard & Smith inLos Angeles.

The case: Worthley v. Advocate Mines; July 22, 2009; Superior Court,San Francisco,Calif., Judge Tomar Mason.

Credit: Nora Tooher

http://www.allbusiness.com/legal/torts-toxic-torts/12601556-1.html

 
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