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ASBESTOS NEWS DAILY - California Mesothelioma Lawyer
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Mesothelioma Asbestos inCalifornia


 

We connect you with experienced Mesothelioma Asbestos lawyers inCalifornia. If have been diagnosed with Mesothelioma or an Asbestos related illness we can help you file a claim.

Those diagnosed with Mesothelioma and other Asbestos related diseases inCalifornia have legal options and may seek compensation through Mesothelioma litigation.

Filing a claim against the companies that are responsible for your asbestos exposure will help you gain compensation for medical costs and pain and suffering associated with asbestos-related illnesses. A Mesothelioma lawyer can help you pursue compensation for the following things:

  • Lost income
  • Medical bills
  • Group support for yourself and loved ones
  • End-of-life expenses

We help patients and their families make educated, informed decisions about how to proceed with filing Mesothelioma, Asbestosis and other asbestos-related cancer claims.

We will walk you through the entire process of connecting with an experiencedCaliforniaMesothelioma Lawyer and also help you find a qualified Mesothelioma doctor.

 
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California Mesothelioma Lawsuit – $22 Million Mesothelioma Verdict in Los Angeles

Jury Awards $22 Million in Los Angeles Mesothelioma Lawsuit

Posted on January 16, 2011 by Justinian

On November 18th of 2010, a Los Angeles Superior Court jury awarded $22.7 million dollars to the Pfeifer family.  William Pfeifer had spent over 30 years working in the U.S. Navy and other locations with products that contained asbestos.  These products included boilers, gaskets, and packing, much of which was manufactured by John Crane, Inc.  Many Navy vets have filed similar mesothelioma lawsuits because of exposure to asbestos on board Navy ships.

The jury found John Crane to be 70% at fault for manufacturing products that were defectively designed and marketed.  The jury also found that John Crane's products were a substantial contributing factor to William Pfeifer's mesothelioma.

Many people who have been exposed to asbestos while working with John Crane's products have filed mesothelioma lawsuits against the company.  I don't know if the Pfeifer's reside in California, but even if they do not, they would have been able to bring their mesothelioma lawsuit in California if William worked with asbestos products in the state.  As I've written before, determining what state to file a mesothelioma lawsuit in is one of the most important tasks facing an asbestos lawyer.

Many asbestos lawyers like California because the courts are fair to individuals who contracted mesothelioma.  For example, William Pfeifer was diagnosed with mesothelioma in June of 2009 and had his trial in November of 2010.  Although that may sound like a long time, it's actually considerably less time than it would have been in many other states. 

The award consisted of $8.2 million dollars in economic damages and noneconomic damages, plus $14.5 million in punitive damages.  Punitive damages aren't always available in mesothelioma lawsuits, but when they are awarded, they tend to be substantial.

The case was Pfeifer v. Buffalo Pumps, Inc. and the cause number was BC416536.

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

http://www.asbestoslegaljournal.com/mesothelioma-lawsuits/jury-awards-22-million-in-los-angeles-mesothelioma-lawsuit/

 
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California Mesothelioma Lawsuit –$9.2 Million Mesothelioma Verdict Upheld

California Mesothelioma Lawsuit Award Upheld By Appellate Court

Posted on February 05, 2011 by Justinian

Every asbestos lawyer knows that getting a big jury verdict doesn't actually mean you won anything.  Asbestos companies always appeal their losses, and the appellate courts can easily wipe out a great asbestos verdict.  In fact, they often do.  So I was happy to see an asbestos plaintiff win an appeal.

In November of 2010, the Second District Court of Appeal for California upheld a $9.2 million dollar mesothelioma verdict.  That award included $6 million dollars in punitive damages.  If an award of punitive damages is too large, appellate courts will often overturn the verdict.  

This mesothelioma lawsuit was filed by an individual who worked as a construction worker beginning in the 1960's.  He worked around large amounts of joint compound, including joint compound that contained asbestos fibers mined by Union Carbide Corporation.  Joint compounds in the 1960's and 1970's often contained asbestos.  The process of sanding drywall seams releases massive quantities of asbestos fibers, and thus individuals who worked in the construction trades often developed illnesses from exposure to asbestos.

Union Carbide Corporation was found to be 85% at fault, and Hamilton Materials was found to be 15% at fault.  Together, the companies will be 100% responsible for satisfying the entire $9.2 million dollar verdict.  

Not all asbestos lawsuits end with such a large verdict, but many against Union Carbide in particular have.  That's because there is quite a bit of evidence that Union Carbide sold raw asbestos (they called theirs Calidria) well past the point in time when they knew that raw asbestos could cause mesothelioma, asbestosis, and other cancers.

The name of the case is Larry R. Stewart, et al., v. Union Carbide Corporation, No. B216193,
Calif. App., 2nd Dist., Div. 5; 2010 Cal. App.

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

http://www.asbestoslegaljournal.com/mesothelioma-lawsuits/california-mesothelioma-lawsuit-award-upheld-by-appellate-court/

 
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California – Asbestos Exposure –$5.6 Million Asbestos Judgment

California appeals court reverses asbestos award

 

Shook Hardy & Bacon LLP

Gary Long, Greg Fowler and Simon Castley


USA 
April 29 2010

A California appeals court has reversed a $5.6 million judgment against a company that made valves for the U.S. Navy, ruling that it had no liability for injuries allegedly caused by exposure to theasbestos gaskets made by others that were used with the valves. Walton v. The William Powell Co., No. B208214 (Cal. Ct. App., 2d Dist., Div. 4, decided April 22, 2010). The court analyzed the issues under the “component parts doctrine, which in some circumstances exempts a manufacturer from liability arising from a finished product that incorporates a component supplied by the manufacturer.”    

Here, the plaintiffs alleged that the defendant’s valves had “warning” and design defects because the company failed to warn about the danger of exposure to the asbestos gaskets that would be used with the valves, and, in fact, manufactured the valves specifically to be used with asbestos gaskets.

According to the court, the defendant was not part of the chain of distribution for the injury-causing products and had no duty to warn about the hazards of asbestos released from products made or supplied by others. The court also determined that the evidence did not show that the valves were themselves defective or that defendant had played a material role in the design of the shipboard systems. The Navy had, in fact, specified that the valves it ordered from the defendant were to have a certain type of flange, which would accommodate the gaskets and be integrated into a system the Navy had designed. The court relied on the Restatement Third of Torts, Products Liability to note that the seller of a nondefective component part should not be held liable for another’s product. “To impose liability on [defendant] for the hazards associated with asbestos would have obliged it to scrutinize the development of several products—the gaskets, packing, and insulation made by others, and the Navy’s shipboard systems—over which it had no control.”

 
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California – Asbestos Exposure –$5.6 Million Asbestos Judgment

California appeals court reverses asbestos award

Shook Hardy & Bacon LLP

Gary Long, Greg Fowler and Simon Castley


USA
April 29 2010

ACalifornia appeals court has reversed a$5.6 million judgment against a company that made valves for the U.S. Navy, ruling that it had no liability forinjuries allegedly caused by exposure to theasbestos gaskets made by others that were used with the valves.Walton v. The William Powell Co., No. B208214 (Cal. Ct. App., 2d Dist., Div. 4, decided April 22,2010). The court analyzed the issues under the “component parts doctrine, which in some circumstances exempts a manufacturer from liability arising from a finished product that incorporates a component supplied by the manufacturer.”    

Here, the plaintiffs alleged that the defendant’s valves had “warning” and design defects because the company failed to warn about the danger of exposure to theasbestos gaskets that would be used with the valves, and, in fact, manufactured the valves specifically to be used withasbestos gaskets.

According to the court, the defendant was not part of the chain of distribution for the injury-causing products and had no duty to warn about the hazards ofasbestos released from products made or supplied by others. The court also determined that the evidence did not show that the valves were themselves defective or that defendant had played a material role in the design of the shipboard systems. The Navy had, in fact, specified that the valves it ordered from the defendant were to have a certain type of flange, which would accommodate the gaskets and be integrated into a system the Navy had designed. The court relied on the Restatement Third of Torts, Products Liability to note that the seller of a nondefective component part should not be held liable for another’s product. “To impose liability on [defendant] for the hazards associated withasbestos would have obliged it to scrutinize the development of several products—the gaskets, packing, and insulation made by others, and the Navy’s shipboard systems—over which it had no control.”

 
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California – Asbestos Trades –Mesothelioma Asbestos Lawsuit

14 new asbestos cases filed April 19-23 inMadisonCounty 
5/11/2010 7:13 AM By Kelly Holleran ompson

A total of 14 newasbestos lawsuits were filed in Madison County Circuit Court during the week of April 19 through April 23.

The following complaints were filed:

--Leona Burton ofIllinois, an administrative assistant/clerical and accountant from 1957 until 1987, claims mesothelioma.Burton was also exposed to asbestos fibers through her husband, who worked as a laborer and manager at R.E. Common Equipment Company from 1960 until 1999, according to the complaint.Burton will be represented by Timothy F. Thompson Jr. of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-455.

--Mary Cawvey ofFlorida claims her recently deceased husband, Charles Cawvey, developed lung cancer after his work as a boiler technician, powerhouse chief and maintenance supervisor from 1952 until 2000. Mary Cawvey will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-452.

--Louis and Patricia Ezell claim Louis Ezell developed mesothelioma after his work as a member of the U.S. Navy from 1951 until 1955, as a farmer from 1955 until 1960 and as a worker at Olin from 1960 until 1995. The Ezells will be represented by Richard L. Saville Jr. of Saville andFlint inAlton. Madison County Circuit Court case number: 10-L-442.

--Louis J. Gualandi of Illinois, a laborer at Joliet Arsenal from 1943 until 1945, a farmer and laborer at Gualandi Farms from 1942 until 1987, a self-employed commercial and residential construction worker from 1965 until 1979 and a construction worker from 1987 until 1992, claims mesothelioma. Gualandi will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, W. Casey Harris and M. Clay Fostel of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 10-L-435.

--Charles Harvey ofIowa, a laborer, painter and contractor from 1943 until 1982, claims mesothelioma.Harvey will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-453.

--R. Peter Iaukea ofFlorida, a laborer, drywaller, counselor, salesman, insurance agent and carpenter at various locations from 1955 until 2010, alleges mesothelioma. Iaukea will be represented by Christopher R. Guinn of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-439.

--Thomas Kaisersatt ofCalifornia,a laborer, pipefitter's helper, lab worker and software/computer programmer from 1959 until now,claims mesothelioma. Kaisersatt will be represented by Timothy F. Thompson Jr. of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-437.

--Rudolph and Kathie M. Knowles ofFlorida claim Rudolph Knowles developed lung cancer after his work as a welder and boiler tube worker for Buckeye Cellulose Plant from 1967 until 1978, as a laborer for Occidental Mine in 1968 and as a construction worker from 1978 until 1979. The Knowles 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-443.

--Howard L. Opperman ofMissouri, a laborer, mechanic, welder, pipefitter, painter and minister at various locations from 1942 until 1986, claims an asbestos-related disease. Opperman will be represented by W. Brent Copple and Myles L. Epperson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-447.

--Antonios and Maria Pattas ofIowa claim Antonios Pattas developed mesothelioma after his work as a laborer, kiln burner, lancer, boiler tender and kiln operator at various locations from 1953 until 1991. The Pattas will be represented by Nicholas J. Angelides of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-441.

--Laddie and Sandra Peterka ofArkansas allege Laddie Peterka developed mesothelioma after his work as an engineer, laborer and machinist at various locations from 1968 until 2010. The Peterkas 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-450.

--Dorothy Spencer ofTexas claims her recently deceased husband, Tracy Clifford Spencer, developed mesothelioma after his work as a laborer and cementer at various locations from 1946 until 1979. Dorothy Spencer 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-446.

--Michael Theriault ofNew Hampshire claims his recently deceased father, Robert Theriault, developed mesothelioma after his work as a maintenance worker, laborer and millwright from 1951 until 1985. Michael Theriault will be represented by Nicholas J. Angelides of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-436.

--Terry Ward claims his recently deceased wife, Laura A. Ward, developed mesothelioma after she was secondarily exposed to asbestos fibers through her father, who worked as an electrician and lineman from 1968 until 1990. Ward will be represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 10-L-454.

http://www.madisonrecord.com/news/226659-14-new-asbestos-cases-filed-april-19-23-in-madison-county

 
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California – Asbestos Exposure – Mesothelioma Asbestos Lawsuit

Update: 24 asbestos cases filed inMadisonCountyMarch 22-26
4/27/2010 9:27 AM By Kelly Holleran

A total of 24 newasbestos lawsuits were filed in Madison County Circuit Court throughout the week of March 22 through March 26.

The following complaints were filed:

--Boris Belenky ofMichigan, a plumber from 1940 until 1984, claims mesothelioma. Belenky will be represented by Randy S. Cohn and Sean M. Keene of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-335.

--Ruby K. Bivens claims her recently deceased husband, Donald A. Bivens, developed lung cancer after his work as a boiler operator from 1971 until 1978 for Federal Paper Board and from 1978 until 2008 for Caterpillar. Bivens 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-328.

--Kelly Brackenberry ofMichigan claims her recently deceased father, Russell R. Smith, developed mesothelioma after his work as a heavy equipment operator at various locations from 1964 until 1979. Brackenberry 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-322.

--Joyce Cecak ofNevada claims her recently deceased husband, Arthur Wren, developed mesothelioma after his work as a mechanic, laborer and painter at various locations from 1956 until 1969. Cecak 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-321.

--Earnest Clark of Missouri, a laborer, truck driver, mechanic and carpenter at various locations from 1957 until 2009, claims lung cancer. Clark will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-316.

--Anthony and Rochelle M. Contreras claim Anthony Contreras developed lung cancer after his work as a taper, sander and drywall installer from 1986 until 2010. Anthony Contreras was also secondarily exposed to asbestos fibers through his father, who worked as a taper, sander and drywall installer from 1966 until 2010, according to the complaint. The Contreras will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 10-L-334.

--Sammy Corbin ofTexas, a weigh clerk, order clerk and laborer from 1962 until 1969 and a roofer and laborer from 1970 until 1979, claims lung cancer. Corbin will be represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 10-L-331.

--Earl Crowley III ofMinnesota, a painter in 1953 and a torpedo man's mate, submariner and recruiter at various locations from 1954 until 1973, claims lung cancer.Crowley will be represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 10-L-323.

--Ronald and Penny Defelippo of Wisconsin claim Ronald Defelippo developed mesothelioma after his work as a member of the U.S. Navy from 1958 until 1962, as a general laborer on construction sites, as a letter carrier at the U.S. Postal Service from 1963 until 1965, as a computer programmer/analyst from 1982 until 1983 in Chicago, as a computer programmer and analyst from 1983 until 1997 and as a consultant from 1997 until his retirement in 2001. The Defelippos will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 10-L-346.

--Janet Drummond claims her recently deceased father, John C. Drummond, developed mesothelioma after his work as a gunner's mate and insulator in the U.S. Navy from 1942 until 1946, as an assembler for Walker Manufacturing Company from 1948 until 1953, as a surveyor for the city of Jackson, Mich., from 1953 until 1960 and as a troubleshooter and manager of work sites for Jackson, Mich., from 1960 until 1988. Janet Drummond will be represented by Matthew B. McLeod of Shrader and Associates inHouston. Madison County Circuit Court case number: 10-L-325.

--David S. and Faye V. Foster claim David S. Foster developed mesothelioma after his work as an electrician in the International Brotherhood of Electrical Workers from 1937 until 1956; as an attendant and mechanic at Detroit Beach Sunoco, Dodes Mobil and Gordon and Lee service stations from 1952 until 1956; as an electrician in the IBEW No. 8 from 1956 until 1965; and as a self-employed real estate agent from 1965 until 2009. The Fosters will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville and by W. Mark Lanier, Patrick N. Haines, Angela B. Greenburg, Sam T. Richard, Bridget B. Truxillo and Lauren H. Ware of The Lanier Law Firm inHouston. Madison County Circuit Court case number: 10-L-338.

--Robert W. Gibbs Jr. of Georgia claims his recently deceased father, Robert W. Gibbs Sr., developed mesothelioma after his work as a member of the National Guard from 1956 until 1957, as a construction worker and remodeler from 1952 until 1962, as a district sales representative from 1956 until 1971, as an auto body repair worker, as a sales manager from 1974 until 1982 and as the owner of Bob Gibbs Motors from 1982 until 2009. Robert W. Gibbs Jr. 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-326.

--Michael Gross ofPennsylvania, a laborer, heavy equipment operator, utility mechanic and fire equipment inspector from 1972 until 2009, claims mesothelioma. Gross will be represented by Richard L. Saville Jr., Ethan A. Flint and D. Todd Matthews of Saville andFlint inAlton. Madison County Circuit Court case number: 10-L-343.

--Colleen Isaacs ofIdaho claims her recently deceased husband, Joseph Isaacs, developed mesothelioma after his work as a laborer, operator and maintenance worker at various locations from 1955 until 1970. Colleen Isaacs 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-317.

--Christina Jackson ofCalifornia claims her recently deceased father, John O'Brien,developed mesothelioma after his work as an electrician at various locations from 1951 until 1979.Jackson 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-330.

--Karen Lamke ofIllinois claims the recently deceased Gretchen Lamke developed mesothelioma after she was secondarily exposed to asbestos through her father, who worked as a press operator and mechanic at various locations from 1971 until 1980. Karen Lamke will be represented by T. Barton French Jr. of French and Mudd inSt. Louis. Madison County Circuit Court case number: 10-L-339.

--Karen Lamke as next friend of minor James Tolley claims the recently deceased Gretchen Lamke developed mesothelioma after she was secondarily exposed to asbestos fibers through her father, Jim Lamke, who worked as a press operator and mechanic from 1971 until 1980. Karen Lamke will be represented by T. Barton French Jr. and Nate Mudd of French and Mudd inSt. Louis will be representing her. Madison County Circuit Court case number: 10-L-324.

--Abundio and Celeste Luna of Texas claim Abundio Luna developed mesothelioma after his work as a sandblaster during the 1970s and 1980s, as a truck unloader from 1977 until 1978, as a railroad worker in 1983, as an operator and laborer from 1983 until 1985, as a concrete worker from 1985 until 1987, as a heavy equipment operator from 1988 until 1997, as a painter and laborer from 1997 until 1998, as a laborer and operator at an asphalt plant, as an assistant supervisor performing building and road construction, as a truck driver in 1999 and as a maintenance worker from 1998 until 2009. The Lunas 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-336.

--Monica Meyer of Oklahoma claims her recently deceased father, Michael L. Thomas, developed lung cancer after his work as a carpenter for Hough Drywall from 1963 until 1980, as a carpenter for the Indiana Housing Authority from 1980 until 1982, as a carpenter for Hough Drywall from 1982 until 2002 and as a worker for Gibson and Lewis from 2002 until 2006. Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing Meyer. Madison County Circuit Court case number: 10-L-327.

--Johnie Morrow ofCalifornia, a laborer at Hud-Vice Papermill from 1964 until 1966, an attendant at a service station from 1966 until 1967, a welder from 1968 until 1969, a stock control clerk from 1969 until 1971, a laborer and shipping clerk from 1974 until 1979, a truck driver from 1979 until 1980, a supervisor from 1996 until 1999, a fork lift operator from 2000 until 2005 and a shadetree mechanic from 1967 until 1980,claims mesothelioma. Morrow will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, Angela B. Greenburg, 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: 10-L-333.

--Shirley D. Nall ofWashington claims her recently deceased husband, Alvin W. Nall, developed mesothelioma after his work as a member of the U.S. Navy from 1959 until 1963 and as an electrician, laborer, driver, installer and operator from 1963 until 2001. Shirley D. Nall will be represented by Richard L. Saville Jr., Ethan A. Flint and Joseph P. Whyte ofAlton. Madison County Circuit Court case number: 10-L-342.

--James L. and Kathleen Smith of Tennessee claim James L. Smith developed mesothelioma after his work as a gas attendant at Martin Oil from 1958 until 1964, as a laborer in the warehouse/supply division of International Harvester from 1965 until 1972, as a file clerk/contract purchaser at International Harvester from 1974 until 1987, as a bus driver at Pace Bus Co. from 1987 until 2001 and as a laborer at a sewage treatment plant in 1973. The Smiths will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 10-L-344.

--Paul Theisen ofWisconsin, a mechanic from 1950 until 1955 and a pipefitter from 1955 until 1990, claims mesothelioma. Theisen will be represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 10-L-337.

--Mark and Sue Wiese of Michigan claim Mark Wiese developed mesothelioma after his work as a laborer in 1969 at Jahr Roofing; as a pipefitter at DeFoe Ship Building from 1970 until 1972; as a teamster at the Teamsters' Union from 1970 until 1973; as a boiler inspector in 1972; as a construction worker at Ewald Boiler in 1971, 1972 and 1976; and as a floor installer from 1973 until 1976. The Wieses will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 10-L-347.

http://www.madisonrecord.com/news/226376-update-24-asbestos-cases-filed-in-madison-county-march-22-26


 
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California – Asbestos Exposure – Mesothelioma Asbestos Cases Filed

17 new asbestos cases filed inMadisonCountyMarch 29 - April 2
4/27/2010 1:11 PM By Kelly Holleran 

A total of 17 newasbestos lawsuits were filed in Madison County Circuit Court throughout the week of March 29 through April 2.

The following complaints were filed:

--Orlene Dicks ofFlorida claims her recently deceased husband, Emory Lee Dicks, developed mesothelioma after his work as a boatswains mate and truck driver at various locations from 1942 until 1964 and from 1966 until 1978. Orlene Dicks 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-367.

--Mildred Dubois ofPennsylvania, an assembly worker, laborer, waitress and secretary at various locations throughout theU.S. from 1959 until 2009, claims mesothelioma. Dubois was also exposed to asbestos fibers through her husband, who worked from 1974 until 2009 as a self-employed general contractor, according to the lawsuit. Dubois will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-352.

--Robert Franke ofTexas, a pipe fitter from 1968 until 1969 and an electrician from 1970 until 1979, claims mesothelioma. Franke will be represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 10-L-373.

--Billy R. and Edwina C. Hadley ofArizona claim Billy R. Hadley developed mesothelioma after his work as a pipefitter from 1964 until 1994. The Hadleys will be represented by Ross D. Stomel of Shrader and Associates inHouston. Madison County Circuit Court case number: 10-L-354.

--James Hall of Tennessee claims his recently deceased wife, Ina Hall, developed mesothelioma after her work as a secretary and taster throughout theUnited States. James Hall will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-369.

--William Harris ofIllinois, a machine operator and janitor at various locations from 1970 until 1989, claims mesothelioma. Harris will be represented by W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-351.

--Teresa Montesano ofCalifornia claims her recently deceased husband, Ronney Montesano,developed mesothelioma after his work as a member of the U.S. Navy, as a mill work performer and as a worker at Gray's Harbor for 10 years, as an insulator, as a home remodeler in the 1960s and as an automotive repair worker in the 1960s and the 1970s. Teresa Montesano will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 10-L-355.

--Marie Odom ofGeorgia claims her recently deceased husband, Bobby Odom, developed lung cancer after his work as an electrician from 1964 until 1979. Odom 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-368.

--Lawrence Pool III of Minnesota claims his recently deceased father, Lawrence Pool II, developed mesothelioma after his work as a bricklayer and metallurgist at various locations throughoutIllinois andIndiana from 1938 until 1979. Lawrence Pool III will be represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-353.

--Carol Scott of Missouri claims her recently deceased husband, Robert Scott, developed mesothelioma after his work as a sales clerk at J.B. Russell Lumber Co. from 1972 until 1973, as a factory worker at Lyons Die Casting from 1973 until 1974, performing various jobs at Armco Steel in 1974, as an employee at McDonald's from 1974 until 1976, as a mechanic operator/laborer/torch man/crane operator from 1976 until 1982, as a small engine mechanic at Feldman Brothers from 1982 until 1984, as a general manager at Feldman Brothers from 1984 until 1988, as a project manager at Pre-Fabricated Steel/Kan Build from 1998 until 2000, as a store manager at Orscheln Farm and Home from 2000 until 2005, as a department manager at Lowe's Home Improvement from 2005 until 2007 and as a truck driver for the Department of Transportation from 2007 through 2009. Robert Scott was also exposed to asbestos fibers through a side business he and his father owned, according to the complaint. Carol Scott will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 10-L-361.

--Darmel Shaffer ofBritish Columbia, an insulator from 1954 until 1979, claims lung cancer. Shaffer will be represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 10-L-372.

--Jess Solomon of Colorado, a carpenter, concrete worker and farmer at various locations from 1955 until 1979, claims lung cancer. Solomon will be represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 10-L-360.

--Edward Uriano ofConnecticut, a laborer and construction worker at various facilities from 1960 until 2006, claims mesothelioma. Uriano will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 10-L-357.

--Bonnie Voseberg ofIowa claims her recently deceased husband, Richard Voseberg, developed lung cancer after his work as a dryer operator at various locations from 1964 until 1979. Bonnie Voseberg 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-375.

--William and Kimberly Webb ofWashington claim William Webb developed mesothelioma after his work as an inspector, laborer, tech support engineer/electronics technician and radio and electronics installer at various locations throughoutIllinois,Iowa,Texas,Arizona,Missouri andWashington from 1974 until 2009. William Webb was also exposed to asbestos fibers through his father, who worked as a boilermaker from the 1950s until 1964, according to the complaint. Timothy F. Thompson Jr. of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-348.

--Roberta Wright ofVirginia claims the recently deceased William Anderson Sr. developed mesothelioma after his work as a laborer, driver and operator from 1967 until 1992. Wright will be represented by Richard L. Saville Jr., Ethan A. Flint and Joseph P. Whyte ofAlton. Madison County Circuit Court case number: 10-L-362.

http://www.madisonrecord.com/news/226370-17-new-asbestos-cases-filed-in-madison-county-march-29---april-2

 
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California – Asbestos Trades – $200 Million Mesothelioma Jury Award

 

SUNDAY, MAY 09, 2010 7:32:00 PM

Staggering award inCalifornia, asbestos case not expected to stand

BY CHRIS RIZO

LOS ANGELES (Legal Newsline)-The SouthernCalifornia jury that awarded a whopping$200 million punitive damages award in a household-contact asbestos exposure case in which jurors awarded compensatory damages of $8.8 million will likely be reversed, a leading legal scholar said Sunday.

What could become the largest mesothelioma lawsuit award inCalifornia history was handed out late last month inLos AngelesCounty, home to one of the worst legal climates in the nation, according to civil defense lawyers.

"The award is unlikely to stand under California law, though I couldn't say if it's the trial court or appellate court that will reverse," Ted Frank, a fellow at the Manhattan Institute Center for Legal Policy, told Legal Newsline.

In a move that signals judicial scrutiny of the jury award, Los Angeles County Superior Court Judge Conrad Richard Aragon has postponed entering the judgment, which has a ratio of punitive damages to compensatory damages of nearly 23:1.

Aragon has asked the plaintiffs' lawyers and defense counsel to submit briefs on what their side seen as an appropriate punitive damages award in the case.

In reporting on the decision legal blogger and attorney Bruce Nye ofSan Francisco expressed little surprise that the gigantic jury award was given in the jurisdiction it was.

"Ah yes, there will always beLos Angeles juries," the managing partner of Adams Nye Trapani Becht wrote on his CalBizLit.com Web site.

A Harris Interactive survey of 1,482 top corporate lawyers and executives released in March ranked Los Angeles County's courts as the second-worst in the nation for legal fairness, partly because of what critics decry as exorbitant damage awards issued by juries there.

If allowed to stand, the punitive damages award would dwarf the largest award currently to survive appeal inCalifornia - $55 million awarded to SUV rollover crash victim Benetta Buell-Wilson and her husband in 2004 in aSan DiegoCounty case against Ford Motor Co. The Michigan-based carmaker ultimately appealed its judgment to the U.S. Supreme Court, which last year rejected Ford's arguments.

As for theLos Angeles case, it is amongasbestos-exposure lawsuits that comprise the longest-running mass tort inU.S. history. Since 1929, when the first asbestos-exposure case was filed, more than 600,000 people have filed lawsuits in American courts after being diagnosed with asbestos-related conditions including mesothelioma and asbestosis.

TheLos Angeles case was filed by Rhoda Evans, who claimed her mesothelioma, a rare lung cancer, was caused by asbestos fibers and dust she breathed while washing work clothes belonging to her husband, a former longtime employee at the county's Department of Water and Power.

In his 24 years at the public works department, Bobby Evans was charged with cutting cement pipes containing crocidolite, a dangerous asbestos fiber. He started working at DWP in 1973.

The pipe was made by building materials manufacturer CertainTeed Corp., which at trial argued the county knew the pipes should only be cut with manual tools to protect workers.

Evans's attorneys said CertainTeed actually concealed the risk of asbestos exposure from DWP officials in an effort to protect the $40 million in annual revenues the company made on selling asbestos-containing cement pipe to the county.

Siding with plaintiffs' counsel William Levin of the Simes Kaiser & Gornick law firm ofSan Francisco, jurors determined that the company knew asbestos caused cancer in the 1960s, but did not place cancer warnings on its products until 1985.

In the company's defense, CertainTeed's attorney, William Sayers of McKenna Long & Aldridge, said the Department of Water and Power "knew generally" about the pipes' hazards but still began using a gas-powered saw to cut them, ignoring risks to employees' safety.

"They were cutting safely until 1978," Sayers was quoted as saying by Courtroom View Network, which broadcast the trial on the Internet.

CertainTeed is a wholly owned subsidiary of Compagnie de Saint-Gobain SA ofFrance.

The case is Evans v. AW Chesterton Co et al., case no. BC418867.

From Legal Newsline: Reach staff reporter Chris Rizo at chrisrizo@legalnewsline.com

http://www.legalnewsline.com/news/227045-staggering-award-in-calif.-asbestos-case-not-expected-to-stand
 
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California – Asbestos Trades – Asbestos Mesothelioma Cases Filed

Seven new asbestos cases filed in Madison County Feb. 22-26
3/31/2010 2:23 PM By Kelly Holleran 

A total of seven new asbestos lawsuits were filed in Madison County Circuit Court during the week of Feb. 22 through Feb. 26.

The following complaints were filed:

--Gary C. Anderson ofIowa, apress operator from 1969 until 1986, a member of theU.S. Army Reserves from 1971 until 1977, apress operator for Ink Spot from 1986 until 1991, a medication aid for a residential rest home from 1993 until 2007 and a helper for Experience Work Program from 2007 until 2009,claims asbestosis.Anderson 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-208.

--Charlotte Andress ofAlabama alleges her recently deceased husband, James Andress, developed mesothelioma after his work asa lineman, laborer and troubleshooter from 1969 until 1999. Andress 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-209.

--Burton and Mary Budreau ofIndiana allege Burton Budreaudeveloped mesothelioma after his work as adelivery man at a lumberyard during his high school years, as atruck driver from 1953 until 1968, as ahodcarrier for a brick mason in 1968, as amixman at Rostone Corp. from 1968 until 1998 and as ahome remodeler in the 1970s. The Budreaus will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 10-L-197.

--Carol Davis ofAlabama claims her recently deceased husband, J.L. Davis, developed mesothelioma after his work as alaborer for St. Clair County from 1959 until 1965; as alaborer, calendar operator, dust collector operator and forklift operator at CAPCO from 1965 until 1984 and as aforklift operator at Temco Metals from 1986 until 1994. Carol Davis will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 10-L-200.

--Thomas Engberg ofCalifornia alleges his recently deceased father, Glen Engberg, developed mesothelioma after his work as adelivery man for the San Jose Mercury News from 1948 until 1952, as a advertisinglayout creator at Palo Alto Times in the 1950s, as asalesman at AMPEX in the 1960s and as asalesman at Signetics from the 1970s until 1990. Glen Engberg was alsosecondarily exposed to asbestos fibers through his grandfather, who performedhome remodeling and automobile repair work, according to the complaint. Thomas Engberg will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 10-L-196.

--Donna Leonard ofAlabama claims her recently deceased father, Billy Castleberry, developed mesothelioma after his work as aplumber helper at Poe Plumbing Company in 1951, as a helper atBagwell Electric Steel Casings in 1955, as adoffer at Avondale in 1956, as a helperat Hayes in 1957, as a helper atUniversal Atlas Cement Company in 1958, as atruck driver at W.D. Wilkins Lumber Company from 1958 until 1959 and asa utility man, ladle man, furnace helper and caster operator at Connor Steel from 1959 until 1995. Leonard will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 10-L-195.

--Pamela Wright ofKentucky claims her recently deceased husband, Charles Wright Jr., developed mesothelioma after his work as aclerk and postal carrier at various locations throughoutKentucky from 1954 until 1997. Pamela Wright will be represented by Christopher R. Guinn and Christopher J. Levy of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-198.

http://www.madisonrecord.com/news/225722-seven-new-asbestos-cases-filed-in-madison-county-feb.-22-26


 
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New Jersey – Asbestos Trades –Mesothelioma Lawsuit

N.J. court upholds family's $30 million asbestos award, largest in state history

Wednesday, 14 April 2010 13:05

money011210_opt_copy

Summer job at GM warehouse caused ad exec's death frommesothelioma 30 years later

A$30.3 million jury award, the largest inNew Jersey history for an asbestos exposure case, has been upheld by an appeals court inTrenton on April 5 and now will likely be paid to aGlenRidge widow and her three children. A panel of three New Jersey Appellate judges heard the appeal and agreed with the plaintiffs' experts who said MarkButtitta's short-term exposure to asbestos while working summer jobs at General Motors warehouses inEnglewood and Edgewater was enough to establish medical causation of his fatalmesothelioma some 30 years later.

MarkButtitta died December 21, 2002, at age 50 after a one-year battle withmesothelioma. Shortly before his death, he and his wife brought a lawsuit against Allied Signal and other suppliers to the General Motors warehouses where he had worked. By the time of the jury verdict in 2008, all of the companies had settled with theButtitta family except for Borg-Warner Corp. and Asbestos Corp. Ltd., a Quebec-based company that tried to claim thatNew Jersey courts had no jurisdiction over it.

According to ArnoldLakind, the lawyer responding for theButtitta family on the appeal, Borg-Warner devoted enormous assets to the case because of the ramifications theButtitta family's win could have for other cases. Mr.Lakind said, "All the evidence shows thatmesothelioma can develop from even minimal and infrequent exposure to asbestos, and that it can take decades to show up. Although Borg-Warner's lawyers promised the jury they would prove that it was not true, they were unable to produce a single expert to support their claim."

InNew Jersey, hundreds, and possibly thousands of people wereexposed to products with asbestos in the 1970s and it is likely that similar cases will develop in the future.

— ANDY LAGOMARSINO, NEWJERSEYNEWSROOM.COM

http://www.newjerseynewsroom.com/economy/nj-court-upholds-familys-30-million-asbestos-award-largest-in-state-history

 
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California – Asbestos Exposure – Asbestos Mesothelioma Related Lawsuits

14 new asbestos cases filed Feb. 15-19 inMadisonCounty
3/9/2010 10:37 AM By Kelly Holleran 

A total of 14 newasbestos lawsuits were filed in Madison County Circuit Court throughout the week of Feb. 15 through Feb. 19.

The following complaints were filed:

--Edward C. and Carol Bagley of Wisconsin allege Edward C. Bagley developed mesothelioma after his work as a mechanic at Bob Weimer/Prim Farms from 1960 until 1963, as a laborer at Chapman Foundry from 1963 until 1967, as a laborer at Badger Ordinance Works from 1967 until 1969, as a laborer at Speed Queen Factory in 1968, as a truck driver and mechanic at Brake Bush Bros. from 1970 until 1973, as a farmer in Wisconsin from 1973 until 1976, as a drywaller, carpenter and roofer from 1976 until 2009 and as a shade tree mechanic from 1960 until 1980. The Bagleys will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, W. Casey Harris and M. Clay Fostel of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 10-L-191.

--John J. Carpenter ofIllinois, a worker at Walworth's Foundry from 1942 until 1945, a member of the U.S. Navy from 1946 until 1948 and a self-employed farmer from 1952 until 2005, claims lung cancer. Carpenter 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-176.

--Robert Hamilton ofFlorida, a lab technician, field wireman and engineer at various locations from 1949 until 2007, claims mesothelioma.Hamilton will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-177.

--Joseph E. Harlan of Texas alleges his recently deceased father, William T. Harlan Sr., developed lung cancer after his work as a member of the U.S. Air Force from 1943 until 1946, as a paper bundler for Southern Advanced Bag and Paper Company in 1938, as a material handler for W. Horace Williams in 1939 and as a ship carpenter for Pennsylvania Shipyard from 1941 until 1942. Joseph Harlan 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-175.

--Donald Lamb ofRhode Island, a construction worker and laborer at various locations from 1946 until 1992, claims mesothelioma. Lamb will be represented by Myles L. Epperson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-192.

--James O. and Marcia K. Patton ofIllinois claim James A. Patton developed lung cancer after his work in the U.S. Navy from 1952 until 1954, as a fireman and electrician striker and as an automotive mechanic at Penney'sAutoCenter from 1966 until 1975. The Pattons will be represented by T. Barton French Jr. and Nate Mudd of French and Mudd inSt. Louis. Madison County Circuit Court case number: 10-L-189.

--James A. Robinette ofMissouri, a carpenter and residential and industrial worker from 1952 until 1978, claims mesothelioma. Robinette will be represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of the O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 10-L-180.

--Darla Salazar claims her recently deceased husband, Carmelo Salazar-Garcia, developed mesothelioma after his work as a construction laborer at KD Construction in 1973, as a maintenance worker at Ft. Clark Springs Association in 1974, as a painter for various construction companies in 1974, as a door manufacturer at Coco Corporation from 1974 until 1975, as a construction laborer for Friendship Builders in 1976, as a cutter and welder from 1974 until 1990, as a steel worker at Modern Drop Forge from 1994 until 2000 and as a shadetree mechanic from 1972 until 2008. Darla Salazar will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. 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: 10-L-187.

--Rebecca Sparks ofPennsylvania alleges her recently deceased father, Raymond Sparks, developed mesothelioma after his work as a laborer and maintenance man at various locations from 1977 until 2002. Rebecca Sparks will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd. Madison County Circuit Court case number: 10-L-182.

--Robert Sparks ofCalifornia, a pipe burner trainee, truck driver and furnace installer at various locations throughoutCalifornia from 1943 until 1977,claims mesothelioma.Sparks will be represented by Christopher R. Guinn and Christopher J. Levy of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-171.

--Ural and Beverly Williams of Ohio allege Ural Williams developed mesothelioma after his work as a mechanic, welder and machinist at various locations from 1948 until 1991. The Williams 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-183.

--Loraine Zamber ofWisconsin alleges her recently deceased husband, Gerald Zamber, developed mesothelioma after his work as an aviation technician, fire control officer, economist and pipeline worker at various locations from 1951 until 1988. Loraine Zamber will be represented by Randy S. Cohn and Sean M. Keane of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-179.

--Edwin and Gloria Zavadil of Missouri allege Edwin Zavadill developed mesothelioma after his work as a seaman in the U.S. Navy from 1944 until 1946, as a fireman for the St. Louis Fire Department from 1947 until 1988, as a maintenance worker for various apartment complexes from 1976 until 1980, as a drywaller and home remodeler from 1958 until 1978 and as a shadetree mechanic from 1950 until 1978. The Zavadils will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, W. Casey Harris and M. Clay Fostel of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 10-L-190.

--Thomas and Alice Zimmer of Wisconsin allege Thomas Zimmer developed mesothelioma after his work as a delivery man at a grocery store and service man at Leisgang's/Ken's Standard Service Station from 1951 until 1953, as a punch press and power shear operator at Trane Company from 1953 until 1962, as a machinist mate from 1955 until 1957, as a tool and die maker at Wilson-Hurd Manufacuring from 1962 until 1964, as a tool and die maker at Zell Machine Industries from 1964 until 1966, as a researcher and developer at Fleckenstein from 1966 until 1970 and as a worker at Outboard Marine Corporation from 1970 until his retirement. Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville will be representing it. Madison County Circuit Court case number: 10-L-186.

http://www.madisonrecord.com/news/225232-14-new-asbestos-cases-filed-feb.-15-19-in-madison-county

 
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California – Asbestos Exposure – Asbestos Mesothelioma Cases Filed

12 asbestos cases filed inMadisonCountyFeb. 1-5
2/23/2010 9:50 AM By Kelly Holleran

A total of 12 newasbestos lawsuits were filed in Madison County Circuit Court during the week of Feb. 1 through Feb. 5.

The following complaints were filed:

--Donald and Sharon Berlin of Ohio claim Donald Berlin developed mesothelioma after his work as a member of the Army Reserves from 1960 until 1961, as an employee of U.S. Phosphate from 1961 until 1962, as a pipefitter helper at Shannon Steel from 1962 until 1965, as a maintenance painter at General Motors from 1966 until 2006 and as an independent contractor at General American Transportation. Donald Berlin was also secondarily exposed to asbestos fibers through his father, who was a painter and had contracts with Ohio Edison, Tampa Electric and Pennsylvania Power, according to the complaint. TheBerlins will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 10-L-115.

--Laura Boyle ofMichigan claims her recently deceased father, Angelo Cuchetti developed lung cancer after his work as a pipefitter and home remodeler at various locations from 1952 until 1979. Boyle 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-120.

--Douglas Bradford ofSouth Carolina, a carpenter, laborer and maintenance man at various locations throughout theUnited States from 1957 until 1990, claims mesothelioma.Bradford was also secondarily exposed to asbestos fibers through his father, George Bradford, who worked as a laborer at ALCOA from the early 1920s until 1965, according to the complaint. Bradford will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-132.

--John L. Huff ofCalifornia, a pipe assembler at Johns Manville from 1963 until 1964 and a clerk at the U.S. Postal Service for about 40 years,claims mesothelioma. Huff will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 10-L-114.

--Josephine Klapperich ofMinnesota, a cashier, clerk, welder, nurse's aid and nursery worker at various locations throughoutIllinois andMinnesota from 1940 until 2010, claims mesothelioma. Klapperich will be represented by Christopher P. Guinn of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-109.

--Judy McCoy ofMissouri claims her recently deceased husband, Richard D. McCoy, developed lung cancer after his work as a laborer, welder, iron worker and home remodeler at various locations from 1958 until 1979. Judy McCoy 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-112.

--Larry E. Morgan ofMissouri, a laborer, rigger, crane helper, welder, pipefitter helper, millwright helper, ditch digger, carpenter, track repairer and crane helper from 1958 until 1994, claims lung cancer. Morgan will be represented by Michael R. Bilbrey, Timothy P. Hulla, James R. Stever, Robert B. Ramsey and Michael V. Oltmann of the Law Offices of Michael R. Bilbrey in Glen Carbon. Madison County Circuit Court case number: 10-L-128.

--Edna Sponsler ofOhio claims her recently deceased son, Gregory Sponsler, developed mesothelioma after his work as a laborer and truck driver at various locations throughoutIllinois andOhio from 1966 until 2009. He was also secondarily exposed to asbestos fibers through his mother, who worked as a machine operator at Detroit Aluminum and Brass from 1956 until 1986, according to the complaint. Edna Sponsler will be represented by Timothy F. Thompson Jr. of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 10-L-110.

--Gene and Mary Taylor ofSouth Carolina claim Gene Taylor developed mesothelioma after his work as a painter, construction worker, laborer, operator and truck driver at various locations from the late 1950s until now. TheTaylors 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-123.

--Shawn Thomas ofIndiana claims her recently deceased husband, Paul E. Thomas, developed lung cancer after his work as a laborer, steel worker and home remodeler at various locations from 1956 until 1979. Shawn Thomas will be represented by Robert Phillips and Perry J. Browder of Simmons, Browder, Gianaris, Angelides and Barnerd of East Alton. Madison County Circuit Court case number: 10-L-121.

--Benjamin C. Valentine ofMissouri, a laborer and home remodeler at various locations from 1951 until 1979, claims lung cancer. Valentine 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-113.

--Max and Renee Wotnoske ofWisconsin claim Max Wotnoske developed mesothelioma after his work as an automobile mechanic at various locations from 1953 until 2000. The Wotnoskes are 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-130.

http://www.madisonrecord.com/news/224959-12-asbestos-cases-filed-in-madison-county-feb.-1-5


 
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California – 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. Batteiger developed lung cancer after beingsecondarily exposed to asbestos fibers through her husband, who was a member of TheHeat 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 Lopezdeveloped 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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Pennsylvania – Asbestos Legal – Mesothelioma Settlements

DoesPennsylvania Tax Mesothelioma Settlements?

Asbestos Exposure Lawsuit Settlements Count for Income Tax Purposes?

Feb 6, 2010 Jennifer Terry

Pennsylvania state income tax requirements for people receivingmesothelioma settlements or asbestos exposure lawsuit money depends on the type of damages.


Pennsylvania has elected to charge each citizen a state income tax. These taxes do not align with the federal income tax brackets. Anyone who would like to calculate the amount they will owe onPennsylvania state income tax can use an online PA income tax calculator.Pennsylvania has opted to tax lawsuit and settlement agreements, includingmesothelioma settlements, the same way many other states are treating them when it comes to income tax declarations. The state has elected to charge people income on any lawsuit amount that is considered to be punitive damages.

This means when a victim is granted a favorable judgment or when a settlement agreement isreached, the recipient of funds will owe taxes on part of the award. This should be considered before agreeing to the particular wording of anymesothelioma settlement for asbestos exposure. APennsylvania lawyer who specializes inmesothelioma may have materials already written and available free of charge for anyone who requests them. A state income tax on these funds could dramatically lower the take home amount of each settlement.

Pennsylvania citizens have filed claims against themesothelioma trust fund. The victim list is growing due to increased advertising of the availability of the funds but time and fund amounts are slipping away. MostPennsylvania lawyers receive a payment only if the client receives a settlement from the fund. Many of these families need to know if their settlement packages will be taxed as income inPennsylvania. APennsylvaniamesothelioma lawyer will be the best source for specific information.

PennsylvaniaState Income Tax

Fortunately,Pennsylvania has set a standard that lawsuit and settlement amounts must be taxed on the portion that is punitive only. The segments of a settlement or lawsuit that are compensatory are not taxed. Any portion used to treat the symptoms of asbestos exposure including emotional distress is also free from taxation.

The asbestos lawyers will provide specific advice; often a free consultation is provided and sometimes simple questions will be answered for free even if clients do not have a pending claim. Citizens ofPennsylvania will likely not have to pay any of lung cancer ormesothelioma settlement or lawsuit payments over to the State ofPennsylvania, if there are no extenuating circumstances.

WhatAbout Mesothelioma for Federal Income Tax?

The U.S. Internal Revenue Service (IRS) taxes only portions of the lawsuit deemed to be punitive damages. The amount taxed is based on the amount of the award that is declared as punitive. The portions of any awards or settlements that are deemed compensatory are not typically taxed under the federal tax laws. Punitive amounts must be declared for federal income tax purposes and taxes paid on some portion of the dollar amount. Mostmesothelioma trust fund settlements and lawsuit awards have been recognized as compensatory funds. Ask amesothelioma lawyer inPennsylvania about specific conditions.

For more information about the taxability of asbestos exposure payments under the federal tax system review: Are Mesothelioma Settlements Taxable as Federal Income?

Related articles: Does California Tax Mesothelioma Settlements? and DoesTexas Tax Mesothelioma Settlements?

Read more at Suite101: Does Pennsylvania Tax Mesothelioma Settlements?: Asbestos Exposure Lawsuit Settlements Count for Income Tax Purposes? 

http://taxes.suite101.com/article.cfm/does-pennsylvania-tax-mesothelioma-settlements#ixzz0pGrKYr00

http://taxes.suite101.com/article.cfm/does-pennsylvania-tax-mesothelioma-settlements
 
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California – Asbestos Trades – Mesothelioma Asbestos Cases Filed

29 new asbestos cases filed inMadisonCountyNov. 16-20
12/3/2009 8:16 AM By Kelly Holleran

A total of 29 newasbestos lawsuits were filed in Madison County Circuit Court throughout the week of Nov. 16 through Nov. 20.
The following complaints were filed:

--Franklin and Ruby Baker of Alabama claim Franklin Baker developed lung cancer after his work as a carpenter for the Local 1209 from 1964 until 1999 and as a mechanic at Nitrate City Garage from 1957 until 1960. The Bakers 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-1209.

--Timmy and Kimberly Black ofMissouri claim Timmy Black developed mesothelioma after his work as an assembler, timekeeper, maintenance worker and landscaper at various locations throughoutIllinois andMissouri from the early 1970s until now. The Blacks will be represented by Nicholas J. Angelides and Taylor L. Kerns of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1242.

--Jesse and Charlene Brewer ofIndiana claim Jesse Brewer developed mesothelioma after his work as a laborer, maintenance man and roofer at various locations from 1962 until 2001 throughoutIllinois,Ohio andIndiana. The Brewers will be represented by Timothy F. Thompson Jr. of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1244.

--Elizabeth Butler ofTexas claims her recently deceased husband, V.J. Butler, developed mesothelioma after his work as a concrete laborer, owner and operator at various locations from 1962 until 2009.Butler will be represented by Amy E. Garrett and Sean M. Keane of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1234.

--Paul Carter ofAlabama claims his recently deceased mother, Pauline Carter, developed mesothelioma. Pauline Carter was exposed to asbestos fibers through her husband, who worked for United States Steel for 44 years. Paul Carter 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-1264.

--Harry Cheatham ofTexas, a service station attendant, laborer, crane operator, plumber, electrician's helper and maintenance worker at various locations inTexas from 1969 until 2009, claims mesothelioma. Cheatham will be represented by Richard L. Saville, Ethan A. Flint, Stephen C. Jones, Andrew J. Balcer and Jessica L. Benton of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1259.

--Elmer C. Curran ofMissouri, a Navy Seaman, machinist and plasterer at various locations from 1944 until 1979, claims mesothelioma. Curran will be represented by The O'Brien Law Firm. Madison County Circuit Court case number: 09-L-1249.

--Ira K. Eastman ofTennessee claims his brother-in-law, Herman A. Bell, developed mesothelioma after his work in the U.S. Navy from 1940 until 1964, at Owens-Illinois from 1964 until 1966 and as a boiler technician from 1966 until 1987. Eastman will be represented by Goldenberg, Heller, Antognoli and Rowland. Madison County Circuit Court case number: 09-L-1256.

--Daniel and Nancy Foster ofTexas allege Daniel Foster developed mesothelioma after his work as a boiler tender. The Fosters will be represented by Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1254.

--Peter and Susan L. Friedman ofMichigan claim Peter Friedman developed mesothelioma after his work as a plumber and pipefitter from 1964 until 2009. The Friedmans 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 Aaron Plumlee of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-1246.

--Harvey Gilroy of Oklahoma, a laborer, x-ray technician, operator and owner at various locations throughout Illinois, Oklahoma, Kansas, Texas, Colorado, Wyoming, Indiana, Montana, Wisconsin, Minnesota, Iowa, Georgia, Alabama and Missouri from 1963 until now, claims mesothelioma.Gilroy will be represented by Timothy F. Thompson Jr. and Stephanie A. Lyons of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1245.

--Lisa and Tom Gonneville ofMaine claim Lisa Gonneville developed mesothelioma after her work as a clerk and day care provider at various locations throughoutIllinois andMaine from 1986 until 2009. Lisa Gonneville was also exposed to asbestos fibers through her father, who worked as a laborer, operator, road construction laborer and truck driver at various locations from 1967 until 2009, according to the complaint. The Gonnevilles will be represented by Amy E. Garrett and Sean M. Keane of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1231.

--Jack Hair ofSouth Carolina claims the recently deceased Keith Hair developed mesothelioma after his work in the U.S. Navy from 1960 until 1987. Jack Hair will be represented by Richard L. Saville Jr., Ethan A. Flint and Stephen C. Jones of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1262.

--Herbert Austin and Carolton D. Harper of Alabama claim Herbert Austin Harper developed lung cancer after his work as a brick mason for Bob Bunn Masonry from 1958 until 1959, as a textile worker for Printed Fabrics from 1959 until 1961, as a combat engineer from 1961 until 1964, as a brick mason for Buddy Rogers Masonry from 1967 until 1969, as a brick mason for Horace Johnson Masonry from 1969 until 1973 and as a brick mason for Austin Harper Masonry from 1973 until 2008. The Harpers 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-1267.

--Janet Harvey ofLouisiana claims her recently deceased decedent, Durwood Herbert, developed mesothelioma after his work as a laborer for more than 30 years at Exxon Mobil and in the U.S. Army.Harvey will be represented by Richard L. Saville Jr., Ethan A. Flint and Stephen C. Jones ofAlton. Madison County Circuit Court case number: 09-L-1243.

--Gwedolyn Joseph ofTexas claims her recently deceased mother, Viola Joseph, developed mesothelioma after her work as a cashier and laborer at various locations throughoutIllinois andTexas from the 1960s until the 1970s. Viola Joseph was also exposed to asbestos fibers through her husband, who worked as a laborer from 1948 until 1978, and through her father, who worked as a laborer at various locations from 1930 until 1948, according to the complaint. Gwendolyn Joseph will be represented by Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1253.

--Clarissa Leipprandt ofMichigan claims the recently deceased Martin Leipprandt developed mesothelioma after his work as a farmer and welder. Leipprandt will be represented by Richard L. Saville Jr., Ethan A. Flint and Stephen C. Jones of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1263.

--Michael Linnane ofPennsylvania, a driver at various locations throughout theUnited States from 1972 until 1994, claims mesothelioma. Linnane was also exposed to asbestos fibers through his father, John Linnane, who worked as a steel worker at various locations from 1953 until 1971. Michael Linnane will be represented by Brian J. Cooke and Drew Sealey of Simmons, Browder, Gianaris, Angelides and Barnerd. Madison County Circuit Court case number: 09-L-1225.

--Robert and Leona Medler ofNew York claim Robert Medler developed mesothelioma after his work as a laborer and operator at various locations throughoutIllinois andNew York from 1946 until 2001. The Medlers will be represented by Timothy F. Thompson Jr., Ryan J. Kiwala and Stephanie A. Lyons of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1226.

--Michael and Patricia Misk of Illinois claim Michael Misk developed mesothelioma after his work as a draftsman at the Vap-Air Division of Varpok Heating from 1957 until 1962, as a detailer at Pioneer Engineering from 1962 until 1963, as a senior draftsman at Admiral Corporation in 1963, as a junior design at Stenographic Machine from 1963 until 1966 and as a mechanical engineer from 1967 until 1997. The Misks 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-1265.

--Joseph A. Montanaro ofMissouri, a sailor, midshipman and pilot at various locations inIllinois from 1938 until 1980, claims mesothelioma. Montanaro will be represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-1241.

--Jerry Moore of Illinois, a machinist mate, material handler, material foreman, plant manager, fireman, water tender, marine oiler, marine striker and security therapy aide at various locations throughout Illinois and Missouri from 1959 until 2001, claims lung cancer.Moore will be represented by Amy E. Garrett of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1235.

--Cynthia Riley of Missouri claims her recently deceased husband, James Riley, developed lung cancer after his work at Kingsford Charcoal from 1973 until 1974, as a welder at Kemco Tool & Die from 1974 until 1975, as a bus driver for special school district from 1975 until 1976, as a welder at Affiliated Hospital Products from 1976 until 1977, as a welder at Heflin Stool in 1978, as a fitter, welder and leadman at Marathon Steel from 1978 until 2003, as a driver at Swift Transportation from 2003 until 2005, as a driver at Emerson Transportation from 2005 until 2006, as a driver at Express I from 2006 until 2007, as a driver at U.S. Express in 2008 and as a driver at Delta Express from 2008 until 2009. In addition, James Riley performed home remodeling work in the 1970s. Cynthia Riley 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-1247.

--Robert H. and Brenda G. Ryder of Alabama claim Robert H. Ryder developed lung cancer after his work as a millwright for Eichleay Corporation in Henderson, Ky., from 1972 until 1973, as an equipment setter and laborer for Machias Power Plant from 1973 until 1974, as a heavy equipment operator for Blue Rock Industries from 1974 until 1977, as a laborer for FA Tucker from 1977 until 1978, as a laborer for H.E. Sargent from 1979 until 1980, as a laborer operator for Lincoln Pulp and Paper Co. from 1980 until 1981, as a sandblaster and painter at Eastern Fine Paper from 1981 until 1984, as a roofer and construction worker for Gerard and Sons Roofing Co. from 1984 until 1988, as a turbine, paper machine and steel worker from 1988 until 1990, as a turbine, paper machine and steel worker from 1990 until 2000 and as a turbine, paper machine and steel worker from 2000 until 2002. The Ryders 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-1268.

--Charles J. Smith Jr. ofColorado claims his recently deceased father, Charles J. Smith Sr., developed mesothelioma after his work as a truck driver, bus driver and laborer at various locations throughoutIllinois from 1954 until 2006. Charles J. Smith Jr. will be represented by Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1258.

--John D. Steele ofNebraska, a farmer and machinist from 1952 until 1980, claims mesothelioma. Steele will be represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of the O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-1250.

--John Thompson ofCalifornia claims his recently deceased father, Western Thompson,developed mesothelioma after his work as a mechanic, aircraft mechanic, owner and truck driver at various locations throughoutIllinois andCalifornia from 1938 until 1986. John Thompson will be represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1260.

--Marcella Trout ofTexas claims her recently deceased daughter, Marcy Campbell,developed mesothelioma.Campbell was exposed to asbestos fibers through her father, who worked as an electrician and maintenance electrician from 1947 until 1985 throughoutIllinois,Nebraska andCalifornia, according to the complaint. Trout will be represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1232.

--James R. Walton ofIllinois, a boiler operator for Caterpillar inIllinois from 1958 until 1968 and a maintenance supervisor atMorrisHospital from 1972 until 1996, claims mesothelioma. Walton was also exposed to asbestos fibers through his wife, who worked as a boiler operator from 1957 until 1958 and from 1968 until 1972. Walton 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-1266.

http://www.madisonrecord.com/news/223437-29-new-asbestos-cases-filed-in-madison-county-nov.-16-20


 
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California – Asbestos Trades – Asbestos Mesothelioma Lawsuit

13 new asbestos suits file Nov. 30-Dec. 4 inMadisonCounty
12/21/2009 8:52 AM By Kelly Holleran 

A total of 13 newasbestos lawsuits were filed in Madison County Circuit Court throughout the week of Nov. 30 through Dec. 4.

The following complaints were filed:

--Barbara Brawley of Arkansas claims her recently deceased husband, Thomas Brawley Jr., developed mesothelioma after his work at Liquid Carbonic and W.P. Rock in Illinois in 1954; as a pipefitter at DuPont Chemical from 1964 until 1965; at Hoyer Schlesinger Turner in 1968; at Piping Systems from 1968 until 1970; as an insulator and laborer at Brown and Roots from 1969 until 1985; and as a member of the Steamfitters' Local 614. Barbara Brawley 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-1306.

--Deborah and Glenn Briscoe ofWest Virginia claim Deborah Briscoe developed mesothelioma after her work at UPS Freight from 1972 until 2009. She was also secondarily exposed to asbestos fibers through her husband, who worked as an electrician, and through her father, who was a mechanic, according to the complaint. The Briscoes 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-1292.

--Beverly Dietrich ofMinnesota claims her brother, Richard Dietrich, developed mesothelioma after his work as a supervisor at various locations from 1952 until the late 1980s. Beverly Dietrich will be represented by Nicholas J. Angelides of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1302l

--David Gallagher of New York claims his recently deceased father, Arnold Gallagher,developed mesothelioma after his work as a machinist, oiler, expediter, planner, mechanic, sales, building maintenance and maintenance manager at various locations throughout Illinois, Massachusetts, Rhode Island,Californiaand Utah from 1956 until 1998. David Gallagher will be represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1303.

--Sam E. and Shirley Grace Jones of Alabama claim Sam E. Jones developed mesothelioma after his work as a farmer and construction worker from 1940 until 1966, as a laborer at Enterprise Oil Mill from 1966 until 1979, as an assembly line worker for Dorsey's Tractor Trailer from 1966 until 1994 and as a security officer for Session Company from 1982 until 1983. The Jones 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-1289.

--William Helsby ofNevada, a technician, tool and dye worker, mold helper and iron cutter at various locations throughoutIllinois andMichigan from 1957 until 1998, claims mesothelioma. Helsby will be represented by Randy S. Cohn of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1309.

--Gregory A. and Patricia M. Kozlowski ofPennsylvania claim Gregory A. Kozlowski developed mesothelioma after his work as a union laborer for LIUNA Local #373 from 1967 until 1978 and as an operating engineer with IUOE Local #66 from 1978 until 1992. The Kozlowskis 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-1298.

--Charles R. Nahl ofMinnesota, an electrician at Great Northern Railway from 1952 until 1991, claims mesothelioma. Nahl 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-1293.

--Janet Neumann of Wyoming claims her recently deceased husband, Dale L. Neumann, developed lung cancer after his work as a pipefitter and welder from 1952 until 1956, as a welder for Independent Engineering Company from 1956 until 1961, as a worker for JMJ Industries and as a self-employed contractor in 1957, as a construction worker in 1958 for Ben Ruser Construction, as a contractor for M & H Builders from 1961 until 1962, as a self-employed contractor from 1962 until 1990 and as a wood worker from 1990 until his death. Janet Neumann 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-1311.

--Richard and Kathleen Pierce of Minnesota claim Richard Pierce developed mesothelioma after his work as a shipping packager at LDI Safeco in 1996, as a boiler tech for the U.S. Navy from 1961 until 1964, as a warehouseman, forklift operator and receiving checker for United Hardware from 1967 until 1991, as a shipper and receiver for Ausburg Fortress Publishers from 1991 until 1995, as a slag stripper at Olympic Steel from 1996 until 1997, as an order preparer at Kmart Distribution Center from 1997 until 2000, as a shadetree mechanic from the 1960s until 1980s, as general laborer at a cheese plant from 1964 until 1965, as a gas pumper and cashier in the 1960s and as a warehouseman at St. Regis Paper Company in the 1960s. The Pierces 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: 09-L-1294.

--Nancy Pigue ofMissouri claims her recently deceased husband, Edward Pigue, developed mesothelioma after his work as a truck driver, laborer and mechanic's helper from 1943 until 1986. Nancy Pigue will be represented by Randy S. Cohn of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1296.

--Leslie E. Rees ofCalifornia, a service boiler maker from 1950 until 1955, a member of the United States Navy at various intervals from 1950 until 1969, a research and development technician from 1968 until 1971 and a building maintenance laborer from 1973 until 1977,claims mesothelioma. Rees will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1297.

--Lorenzo Walker of Iowa, a stocker at Baker's Supermarket in 1993, a worker at Caniglia Italian Restaurant in 1994, a packer at Arnie Hanson's Furniture Moving from 1995 until 1998 and a temporary worker at All in a Day Temp Service from 1995 until 2001, claims mesothelioma.Walker 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-1310.

http://www.madisonrecord.com/news/223771-13-new-asbestos-suits-file-nov.-30-dec.-4-in-madison-county

 
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California – Asbestos Trades – Asbestos Mesothelioma Lawsuit

23 new asbestos cases filed inMadisonCountyDec. 7-11
12/22/2009 8:56 AM By Kelly Holleran 

A total of 23 newasbestos lawsuits were filed in Madison County Circuit Court throughout the week of Dec. 7 through Dec. 11.

The following complaints were filed:

--Perry M. and Rose Marie Allard of Oregon claim Perry M. Allard developed mesothelioma after his work as a machine gunner in the U.S. Guard from 1938 until 1939, as a laborer at Remington Rand in Portland in 1939, as a patternmaker in the U.S. Navy from 1940 until 1946, as a patternmaker in the U.S. Naval Reserve from 1946 until 1952, as a patternmaker for Consolidated Vultee Aircraft in 1952, as a carpenter and maintenance worker for Western Foundry from 1952 until 1953, as a patternmaker for Northwest Marine Iron Works from 1953 until 1960, as a patternmaker for Dependable Pattern Works from 1960 until 1961 and as a patternmaker for Northwest Pattern Works from 1962 until 1987. The Allards 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-1334.

--Douglas and Margie Berger ofTexas claim Douglas Berger developed mesothelioma after his work at Shell Oil Company from 1948 until 1986 and at Brown and Root from 1962 until 1963. The Browns will be represented by Allyson M. Romani. Ross D. Stomel of Shrader and Associates inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-1345.

--Emily Cradic ofTennessee claims her recently deceased husband, Carl W. Cradic, developed mesothelioma after his work as a laborer, heavy equipment operator, pipe layer and home remodeler at various locations from 1958 until 1979. Emily Cradic 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-1316.

--Sandra DeMott ofMichigan claims her recently deceased mother, Rose Simmons, developed mesothelioma after her work as a home construction worker from the 1950s until the 1970s and as a coremaker and relief person from 1946 until 1971. DeMott will be represented by Randy L. Gori of Gori, Julian and Associates inAlton. W. Mark Lanier, Patrick N. Haines, R. Craig Bullock and J. Kyle Beale of The Lanier Law Firm inHouston will serve as counsel. Madison County Circuit Court case number: 09-L-1326.

--Willie Eberle ofMissouri claims his recently deceased wife, Meldon Eberle, developed asbestosis after her work as a laborer, miner and painter at various locations from 1942 until 1977. Willie Eberle 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-1335.

--Arlene Hardin ofOhio claims her recently deceased husband, Alby Ray Hardin, developed lung cancer after his work as a boiler tender, laborer and home remodeler at various locations from 1944 until 1979. Arlene Hardin 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-1339.

--Jeffrey Holderfield ofAlabama claims his recently deceased wife, Bobbie Holderfield, developed lung cancer after her work as a laborer and home remodeler at various locations from 1974 until 1979. Jeffrey Holderfield 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-1336.

--Claude J. and Donith Kling of Louisiana claim Claude J. Kling developed mesothelioma after his work as a member of the U.S. Army from 1953 until 1955, as a plumber's helper from 1956 until 1957, as a pipefitter helper at Dow Chemical, as an operator for Ormet Corporation from 1958 until 1991 and as a member of the Steel Workers and Pipefitter's Local from 1953 until his retirement in 1991. The Klings 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-1322.

--Martha Kuhlman ofAlaska claims the recently deceased Franklin Swindle developed lung cancer after his work as a labor operator at Reynolds Metals Company from 1963 until 1991 and as a member of the U.S. Navy from 1958 until 1962. Kuhlman 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-1320.

--Denise Maxwell ofFlorida claims her recently deceased husband, Stephen Maxwell, developed Mesothelioma after his work as a laborer, mechanic and supervisor at various locations throughout theUnited States includingIllinois from 1966 until 2008. Denise Maxwell will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1325.

--Robert Taylor and Laura Lynne McDonald of Georgia claim Robert McDonald developed lung cancer after his work as a laborer for LaGrange Ready Mix in 1985, as a machine operator for Milliken and Co. in 1986, as a laborer for Freeman Construction from 1986 until 1987, as a laborer for Brown Steel from 1987 until 1989, as a laborer for Owens Pressure Washing from 1989 until 1992 and as a laborer and supervisor for Utility Service Co. from 1992 until 2004. The McDonalds 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-1333.

--Donald Noe of Illinois, a worker at Pharmacia Corporation formerly known as Monsanto Company from 1961 until 1994, claims lung cancer. Noe will be represented by Michael R. Bilbrey, Timothy P. Hulla, James R. Stever, Robert B. Ramsey and Michael V. Oltmann of the Law Offices of Michael R. Bilbrey in Glen Carbon. Madison County Circuit Court case number: 09-L-1330.

--Larry O'Neil Jr. ofFlorida, a laborer and welder at various locations from 1949 until 1979, claims lung cancer. O'Neil 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-1318.

--John R. Peterman ofMissouri, an assembly line worker and laborer at various locations from 1960 until 1979, claims colon cancer. Peterman 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-1317.

--Richard Pierce ofWisconsin claims his recently deceased uncle, Allen Pierce, developed lung cancer after his work as a boatswain's mate, carpenter, laborer, mechanic and home remodeler at various locations from 1951 until 1979. Richard Pierce 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-1340.

--Mary Rivera ofCalifornia, a laborer and home remodeler at various locations from 1953 until 1979,claims mesothelioma. Rivera 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-1337.

--Charles Schroeder ofConnecticut, a machinist, foreman, florist and laborer at various locations from 1932 until 1986, claims mesothelioma. Schroeder will be represented by Christopher R. Guinn and Christopher J. Levy of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1341.

--Ernie Spencer ofKentucky, a laborer and science teacher at various locations throughout theUnited States includingIllinois from 1946 until 1992, claims mesothelioma. Spencer will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1324.

--Jonathan and Cammi Tolbert of Alabama claim Jonathan Tolbert developed lung cancer after his work as a labor operator for Stockholm Valves and Fitting from 1964 until 1965, as a self-employed construction worker from 1966 until 1971, as a construction worker for Prichard Construction from 1972 until 1973, as a welder at Pullman Standard from 1974 until 1980, as a construction worker at Jones Construction from 1983 until 1984 and as a labor operator at U.S. Steel Corporation from 1986 until 1987. The Tolberts 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-1321.

--Johnny Lee Williams ofAlabama, a plumber and laborer at various locations from 1966 until 1979, claims lung cancer. Williams 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-1338.

--Horace Young ofIllinois, a lab tech, mechanic, laborer, salesman and supervisor at various locations throughoutIllinois,Ohio andMichigan from 1946 until 1988, claims bilateral pleural plaques. Young will be represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1315.

--James E. Young ofOhio, the owner of a trucking business from 1995 until 2001, an equipment operator from 1950 until 1994, an insulation remover and replacer, a shadetree mechanic and a residential construction worker from the 1970s until 1979, claims mesothelioma. Young will be represented by Randy L. Gori of Gori, Julian and Associates inAlton. 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: 09-L-1327.

--Mary A. Zueck ofIllinois claims her recently deceased husband, Charles A. Zueck, developed colon cancer after his work as a pipefitter at Shell Oil Company from 1952 until 1986. Mary A. Zueck 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-1323.

http://www.madisonrecord.com/news/223772-23-new-asbestos-cases-filed-in-madison-county-dec.-7-11

 
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California – Asbestos Cases – Mesothelioma Asbestos Lawsuit

16 new asbestos cases filed inMadisonCountyOct. 26-30
11/12/2009 8:21 AM By Kelly Holleran 

A total of 16 newasbestos lawsuits were filed in Madison County Circuit Court throughout the week of Oct. 26 through Oct. 30.

The following complaints were filed:

--Glenn E. and Betty J. Bowers of Ohio claim Glenn E. Bowers developed mesothelioma after his work as a member of the U.S. Army from 1951 until 1953 as a lineman, as a kilnsitter for American Vitrified from 1947 until 1960 and as a molder and foreman for Insul Co. and Exochem Corporation from 1960 until 1993. The Bowers 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-1155.

--Linda Bryan ofNorth Carolina claims her recently deceased husband, Ashley Bryan, developed mesothelioma after his work as a clerk and inspector at various locations from 1955 until 1996. Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton will be representing Linda Bryan. Madison County Circuit Court case number: 09-L-1146.

--Henry Chambers ofKentucky, a laborer and latherer at various locations from 1961 until 1979, claims colon cancer. Chamber 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-1152.

--Donna Marie Cloud ofMissouri alleges she developed mesothelioma after being exposed to asbestos fibers through her father, who worked at Brownville Paper Company, and through her sister, who worked at New York Air Brake. Cloud 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-1162.

--Bernard A. Davis ofNew Jersey, a laborer and truck driver at various locations from 1964 until 1979, claims lung cancer.Davis 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-1150.

--Christopher and Desiree Dupuis ofLouisiana claim Christopher Dupuis developed mesothelioma after his work as a laborer, pipefitter's helper, electrician's helper, assembly line worker and shipfitter at various locations throughoutIllinois andLouisiana from 1985 until now. Christopher Dupuis was also exposed to asbestos fibers through his father who worked at a fertilizer company from 1974 until 1994, according to the complaint. The Dupuis will be represented by Timothy F. Thompson Jr. of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1139.

--Leo Faneuf Jr. of Florida, an engineer with the U.S. Navy from 1943 until 1946, an engineer at the Western Electric Plant from 1946 until 1948, an engineer at the Ruberoid Plant from 1948 until 1950, an engineer with the U.S. Navy from 1950 until 1952, an engineer at the Ruberoid Plant from 1952 until 1959, a plant engineer at the Ruberoid Plant from 1959 until 1962, a plant engineer at the Ruberoid Plant in Alabama from 1962 until 1965, a plant engineer at the Ruberoid Plant in Illinois from 1965 until 1968, a plant manager at the Ruberoid Plant from 1968 until 1969 and a regional manager at the Ruberoid Plant from 1969 until 1971, claims mesothelioma. Faneuf 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-1161.

--Deborah Gilchrist ofPennsylvania claims her recently deceased father, Joseph Oliveri, developed lung cancer after his work as a sheet metal worker and welder at various locations inIllinois from 1947 until 1975. Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1147.

--Kay Greene ofCalifornia, a teacher at various locations from 1954 until 1959,claims mesothelioma. Greene will be represented by Robert Philips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1153.

--William Halley claims his recently deceased mother, Mary Halley, developed mesothelioma after her work as a seamstress at various locations throughoutIllinois andMissouri from the late 1970s through the early 1980s. Mary Halley was also exposed to asbestos fibers through her husband, who worked as a maintenance man for the St. Louis Board of Education from 1960 until 1967, according to the complaint. William Halley will be represented by Timothy F. Thompson Jr. of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1159.

--Alice Isoline ofIllinois claims the recently deceased Bill Isoline developed lung cancer after his work as a boilermaker from 1964 until 1993 at various locations inIllinois andIndiana. Alice Isoline will be represented by Michael R. Bilbrey and James R. Stever of the Law Offices of Michael R. Bilbrey in Glen Carbon. Madison County Circuit Court case number: 09-L-1142.

--William G. and Jean McQuaig of Tennessee claim William G. McQuaig developed mesothelioma after his work as a member of the U.S. Air Force from 1952 until 1956, as a part-time electrician from 1956 until 1960, as an engineer technical reports writer at Colbert Steam Plant from 1961 until 1963, as an engineer technical reports writer at Bull Run Steam Plant from 1963 until 1967, as an engineer technical reports writer at Paradise Steam Plant from 1967 until 1970, as an engineer technical reports writer at Sequoyah Nuclear Power Plant from 1970 until 1973, as a technical editor and writer at Tennessee Valley Authority from 1973 until 1985, as a specifications writer at Lockwood Green Architectural and Engineering Firm from 1985 until 1987, as a nuclear procedures editor from 1987 until 1988, as a safety analysis reports editor from 1988 until 1998 and as a technical writer and editor from 1998 until 1999. The McQuaigs 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-1160.

--John Henry Rinier Jr. and Miriam Ann Kreider-Rinier ofPennsylvania claim John Henry Rinier Jr. developed malignant mesothelioma after his work as a boiler tender in the United States Navy from 1958 until 1964. Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing them. Madison County Circuit Court case number: 09-L-1143.

--Joyce Schreur ofCalifornia claims her recently deceased husband, Robert Schreur,developed mesothelioma after his work as a messenger, laborer and teacher at various locations throughoutIllinois,New York,New Jersey andCalifornia from 1950 until 1990. Robert Schreur was also exposed to asbestos fibers through his father, who worked as a laborer from the 1930s until the 1980s, according to the complaint. Timothy F. Thompson Jr. of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton will be representing her. Madison County Circuit Court case number: 09-L-1148.

--Robert Squzert of Indiana, a laborer and steelworker at various locations from 1955 until 1979, claims lung cancer. Squzert 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-1151.

--Donna Vileta ofArkansas claims her recently deceased brother, Charles Cameron, developed lung cancer after his work as a pipefitter and home remodeler at various locations from 1955 until 1979. Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton will be representing her. Madison County Circuit Court case number: 09-L-1149.

http://www.madisonrecord.com/news/222193-16-new-asbestos-cases-filed-in-madison-county-oct.-26-30

 
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California – Asbestos Trades – Asbestos Mesothelioma Lawsuits

15 new asbestos cases filed inMadisonCountyOct. 19-23
11/10/2009 7:24 AM By Kelly Holleran 

A total of 15 newasbestos lawsuits were filed in Madison County Circuit Court during the week of Oct. 19 through Oct. 23.

The following complaints were filed:

--Ann M. Bailey ofIllinois claims her recently deceased husband, Robert E. Bailey, developed lung cancer after his work with the Steamfitters Local 429 from 1950 until 1990. Ann M. Bailey 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-1138.

--Judith Bonfield of Indiana, a clerk, secretary, travel agent and administrative assistant at various locations from 1964 until 2001, claims mesothelioma. Bonfield will be represented by Randy S. Cohn of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1123.

--Shirley Foley claims she should be entitled to file a lawsuit on behalf of her recently deceased husband, C.L. Foley, who had a right to pursue an asbestos claim. Shirley Foley will be represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1109.

--Ellen and James Girt ofOregon claim Ellen Girt developed mesothelioma after her work as a bookkeeper at various locations from 1978 until 2005. Ellen Girt was also exposed to asbestos fibers through her spouse, who worked as a logger, laborer, pilot and farmer at various locations from 1968 until now. The Girts will be represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1111.

--Samantha Gordon claims the recently deceased Ralph T. Mallory Jr. developed mesothelioma after his work as a pipefitter and welder in the U.S. Navy from 1958 until 1968, as a power and construction worker from 1968 until 1972, as a construction superintendent at Voss International from 1972 until 1975, as a construction superintendent for Coke Battery from 1975 until 1977 and as a construction worker and plumber from 1988 until 1991. Gordon will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville.

--Edmundo Gutierrez ofCalifornia, a clerk, assembler and parts and shipping clerk at various locations throughoutCalifornia from 1972 until 1996,claims mesothelioma. Gutierrez will be represented by Christopher R. Guinn and Christopher J. Levy of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1122.

--Densic Hayes Jr. ofLouisiana claims his recently deceased father, Densic Hayes Sr.,developed mesothelioma after his work as a laborer, cook and dietician at various locations throughoutLouisiana andCalifornia from 1956 until 2009. Densic Hayes Jr. will be represented by Christopher R. Guinn and John P. Wagner of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1132.

--Floyd Hicks Jr. and Earline Hicks of Kentucky claim Floyd Hicks Jr. developed lung cancer after his work as a laborer for General Motors from 1959 until 1989. The Hicks 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-1137.

--Jeanette Moorman ofOregon, claims her recently deceased husband, Wilfred Moorman, developed mesothelioma after his work as a concrete worker, pipefitter, welder and coal carrier from 1942 until 1978. Jeanette Moorman will be represented Myles L. Epperson of Simmons, Browder, Gianaris, Angelides and Barnerd of East Alton. Madison County Circuit Court case number: 09-L-1124.

--Eddie Patterson of Illinois, a painter at Chrysler from 1964 until 1967, a helper at Gray Iron Foundry from 1969 until 1970, an assembly line worker at J.I. Case from 1970 until 1972, a forklift driver from 1972 until 1986 and a home remodeler, claims lung cancer. Patterson 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-1110.

--Charles E. Schmidt ofMaryland alleges Lurecia M. Schmidt died from mesothelioma after working as a service worker at theUniversity ofMiami. Charles E. Schmidt will be represented by Richard L. Saville Jr. and Ethan A. Flint ofAlton. Madison County Circuit Court case number: 09-L-1118.

--Raymond Strickland ofMississippi claims his recently deceased wife, Lillian Strickland, developed mesothelioma after she was exposed to asbestos fibers through her husband, who worked as an insulator at various locations from 1948 until 1979. Raymond Strickland 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-1116.

--Elaine Taylor-Tyler claims her recently deceased father, Dave Tyler, developed lung cancer after his work around asbestos fibers. Taylor-Tyler will be represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1136.

--Krystyna Wolek ofIllinois claims her recently deceased uncle, Frank Balwierz, developed mesothelioma after his work as a machinist at various locations from 1964 until 1994. Wolek will be represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1117.

--Lois Yates ofVirginia claims her recently deceased husband, Johnny Yates, Sr., developed mesothelioma after his work as a coal shooter, penner operator, gas attendant and mechanic at various locations throughoutVirginia. Lois Yates will be represented by Christopher R. Guinn and John P. Wagner of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1133.

http://www.madisonrecord.com/news/222137-15-new-asbestos-cases-filed-in-madison-county-oct.-19-23

 
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California – Asbestos Trades – New Asbestos Cases

15 new asbestos cases filed Oct. 12-16
10/26/2009 12:13 PM By Kelly Holleran

A total of 15 newasbestos lawsuits were filed in Madison County Circuit Court during the week of Oct. 12 through Oct. 16.

The following complaints were filed:

--Martha A. Barrett ofAlabama claims the recently deceased Doyle H. Barrett developed mesothelioma after his work as a silk screen maker, printer, material handler, technician, packer, assembler, insulator, drywaller, dockworker and driver. Martha A. Barrett will be represented by Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1102.

--Gordon and Judith Belcher ofTexas claim Gordon Belcher developed lung cancer after his work as a member of the United States Navy from 1945 until 1964 and as a boiler inspector at Cumy Commercial Union, Indian Insurance Company, Cummin Froster U.S. Fire, Home Insurance Company, Factory Mutual and American General from 1965 until the 1990s. The Belchers will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1100.

--Patricia Broadfoot ofMissouri claims her recently deceased husband, Darmon Broadfoot, developed pleural plaques after his work as a laborer, miner and driller at various locations from 1946 until 1979. Patricia Broadfoot 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-1086.

--Tywana M. Dantzler ofLouisiana claims her recently deceased father, Bobbyn Dantzler, developed lung cancer after his work as a welder and home remodeler at various locations from 1972 until 1979. Dantzler 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-1091.

--Albert Dorgan ofMassachusetts, an insulator and police officer at various locations from 1951 until 1981, claims mesothelioma. Dorgan will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1095.

--L.J. Hilson ofIllinois, a laborer and operator at variouslocation from 1973 until 1979, claims lung cancer. Hilson 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-1089.

--Catherine Hupp ofWest Virginia claims her recently deceased husband, Billy D. Hupp, developed lung cancer after his work as a tank operator and home remodeler from 1955 until 1979. Catherine Hupp 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-1093.

--Jesse E. Miller Jr. ofMissouri claims his recently deceased father, Jesse Miller, developed asbestosis after his work as a laborer at various locations from 1957 until 1979. Jesse E. Miller Jr. 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-1087.

--Kathleen Laramie ofMissouri, a worker at various locations from 1990 until now, claims mesothelioma.Laramie 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: 09-L-1101.

--Fred E. Nelson ofIllinois, a painter and drywall applicator from 1954 until 1987, a painter at General Electric from 1955 until 1978, a painter at the General Motors Foundry in the 1950s and a painter at Quaker Oats in the 1970s, claims mesothelioma. Nelson will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, W. Casey Harris and M. Clay Fostel of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-1084.

--Ambus Pearson ofIllinois, a maintenance technician and home remodeler at various locations from 1970 until 1979, claims lung cancer. Pearson 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-1092.

--Michael and Jennifer Pikaart ofMichigan claim Michael Pikaart developed mesothelioma after his work as a farm hand, laborer, manager, seaman and factory worker from 1978 until now. Michael Pikaart was also exposed to asbestos fibers through his father, Floyd Pikaart, who worked as a mechanic at a farm tractor and implement dealership, according to the complaint. The Pikaarts 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: 09-L-1085.

--Sharon Sale and Paula Sarno ofCalifornia claim their recently deceased father, Lloyd Sale,developed mesothelioma after his work as a telecommunications installer at various locations from 1953 until 1979.Sale and Sarno 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-1088.

--Elmer Wallace claims his recently deceased wife, Audrey Wallace, developed mesothelioma after her work as a laborer at various locations from 1940 until 1950. Audrey Wallace was also exposed to asbestos fibers through her husband, who worked as a fork lift driver and truck dispatcher at various locations from 1957 until 1972, according to the complaint. Elmer Wallace will be represented by Robert Phillips and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1090.

--James L. and Leone A. Wallace claim James L. Wallace developed mesothelioma after he worked around asbestos fibers. The Wallaces will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1083.

--William Watson, a member of the United States Navy from 1943 until 1946, a stocker at the General Electric Company from 1952 until 1957 and an automobile mechanic from 1957 until 1980, claims mesothelioma. Watson will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1094.

http://www.madisonrecord.com/news/221853-15-new-asbestos-cases-filed-oct.-12-16


 
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California – Asbestos Trades –Mesothelioma Lawsuit

Jury Rejects Plaintiffs' Attorney's 'Suggestion' for $26 Million in Damages in Asbestos Trial

Cynthia Lambert

Money bag.jpg

A sign of things to come?

ALos Angeles jury has turned down an asbestos plaintiffs' lawyer's suggestion to award his clients $25 million in noneconomic damages and $1 million in economic damages.

Instead, the jury came back with a defense verdict in an asbestos case that lasted seven weeks and had started with eight defendants before five settled out, according toThe Recorder legal newspaper's Kate Moser.

The plaintiffs, represented by Gary Paul of Waters, Kraus & Paul, had originally sought more than $9 million. The firm, formerly called Waters & Kraus, was mentioned in an opinion piece published recently in theDaily Journal legal newspaper about how out-of-state plaintiffs' firms that file high-dollar asbestos claims are opening offices inCalifornia. According to the op-ed, "Dallas' Waters & Kraus, which opened a smallLos Angeles office in 2001, has been described by aDaily Journal reporter as having a 'prominent presence' since its 2006 merger with the plaintiffs' firm Paul & Janofsky." Gary Paul was installed over the summer as vice president of the national plaintiffs' lawyers' lobbying group.

The firm has also been criticized for tactics employed in someCalifornia cases. Los Angeles Superior Court Judge Aurelio Munoz has sharply criticized the firm for repeatedly filing cases inTexas, dismissing them, and then re-filing them inLos Angeles -- all in an apparent effort to play what he termed the "grisly game of asbestos litigation."

Meanwhile, according to theRecorder article, the plaintiffs in the asbestos case had asked the jury to make the three remaining defendants, Daimler Trucks North America, Ford Motor Co., and Kaiser Gypsum Company Inc., 35% responsible for the $25 million in noneconomic damages. The trio would have been jointly and severally liable for the economic damages.

The jury found that William James Goebel, who died at age 78, wasexposed to asbestos from Kaiser Gypsum and Ford, but that there was no defect in the design of those defendants' products. The jurors concluded Goebel was not exposed to asbestos from Daimler Trucks.

Defense-side lawyer Eliot Jubelirer, also not involved in the case, wondered whether the plaintiff had asked too much.

"I think the plaintiff lawyers are testing to see how large an award they can ask for without the jury rejecting it," Jubelirer, a partner in theSan Francisco office of Schiff Hardin, told the paper. "Perhaps they overstepped the line here and asked for too much and they may have soured the jurors."

http://www.cjac.org/blog/2009/11/jury-rejects-plaintiffs-attorn/


 
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Asbestos-Related Lawsuits – Asbestos Trades –Mesothelioma Lawsuit

 

TUESDAY, NOVEMBER 10, 2009 9:57:00 PM

 

San Francisco court plans to create asbestos docket

BY CHRIS RIZO

 

SAN FRANCISCO (LegalNewsline)-With an exploding number ofasbestos-related lawsuits being filed inSan Francisco, court officials here are planning the creation of a single department where the often-complex cases will be heard.

The plans have largely received a warm reception from the defense bar and from one of the city's leading asbestos litigators: StephenTigerman, a named partner in theSan Francisco law firm ofHarowitz &Tigerman LLP.

Tigerman told LegalNewsline on Tuesday that having just one judge hear asbestos cases will not only help streamline litigation and avoid inconsistent rulings, it will also help the judge determine which lawyers are "playing hardball," not wanting to reach settlements and who is trying to get cases resolved.

"We actually welcome the prospect of having the court oversee a case from beginning to end," saidTigerman, who has been litigating asbestos cases for the last 25 years.Tigerman's small boutiquemesothelioma firm handles about 20 cases at a time, he said.

"We've been through a good number of presiding judges and we've been through a good number of efforts to try to streamline the program to make things run more efficiently,"Tigerman said, "and we welcome (efforts) to try to improve the efficiency of the litigation."

Tigerman is on the board of directors of the San Francisco Trial Lawyers Association.

The asbestos case management department will be led by San Francisco County Superior Court Judge Harold Kahn with the help of Commissioner ArleneBorick. Neighboring Alameda County Superior Court has a similar system, with a much lighter asbestos-related docket thanSan Francisco has currently.

"It has worked very well over there,"Tigerman said of theAlamedaCounty program.

A public hearing on San Francisco Presiding Judge James McBride's proposal is scheduled for Nov. 17.

General Order 162 would require that beginning Jan. 4, all pretrial motions in asbestos cases and other matters would be heard by the new department.

"TheSan Francisco Superior Court carries the largest asbestos caseload of any ofCalifornia's 58 Superior Courts," McBride said in a statement. "The aim of this new proposed general order is to achieve more effective case management."

McBride said the new asbestos department would, among other things, eliminate the pattern of repeated continued trial dates.

"We want to make sure that cases set for trial are ready for trial, and that cases that should settle before trial do so before we call in a large panel of jurors," he said. "Jurors are the most precious resource of our system and must be treated as such."

Last year, 45 percent of jurors summoned for civil trials were used to hear asbestos litigation, a court report indicates.

San Francisco County Superior Court currently has more than 1,660 active pending asbestos cases, which account for about two-thirds of the state's overall asbestos caseload.

Many cases allege exposure to asbestos-containing fibers can cause such serious illnesses asmesothelioma and asbestosis.

From LegalNewsline: Reach staff reporter ChrisRizo at chrisrizo@legalnewsline.com.

 

http://www.legalnewsline.com/news/223951-san-francisco-court-plans-to-create-asbestos-docket

 
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California – Asbestos Trades – Asbestos Cases Filed

27 new asbestos cases filed inMadisonCountySept. 8-11
9/22/2009 1:49 PM By Kelly Holleran

A total of 27 newasbestos lawsuits were filed in Madison County Circuit Court during the week of Sept. 8 through Sept. 11.

The following complaints were filed:

--Leslie Arp ofIllinois, an insulator at various locations throughoutIllinois from 1957 until 2000, claims colon cancer. Arp 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-942.

--Christine Blackmon ofAlabama claims mesothelioma. Blackmon was exposed to asbestos fibers through her husband, who was a carpenter at Brasfield and Gorrie Construction from 1978 until 1998, according to the complaint. She was also exposed when her husband performed remodeling work on their home in the 1970s, the suit states. Blackmon 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-945.

--Andrew W. Brule ofNew York, a laborer and foreman from 1955 until 1979, claims lung cancer. Brule 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-957.

--Debby Canarini ofIndiana claims her recently deceased husband, Sargio Canarini, developed lung cancer after his work as a laborer, iron worker, engineer and home remodeler from 1960 until 1979. Canarini 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-955.

--Ezra and Emma Crawmer ofMissouri claims Ezra Crawmer developed mesothelioma after his work as a carpenter at various locations throughoutIllinois andMissouri from 1943 until 1988. The Crawmers are 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-972.

--Kathryn and Ronald Dehning ofIowa claim Kathryn Dehning developed mesothelioma after her work with molding compounds and plastics and as a member of the machinists' union. Kathryn Dehning was also secondarily exposed to asbestos fibers through her husband, who worked on his father's farm, at a local lumber yard in 1966, as a machinery dealer, as a laborer at Mealey Goss Dexter from 1966 until 1967 and as a laborer at Lang's Dairy Equipment from 1967 until 2009, according to the complaint. The Dehnings 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-968.

--Christina Eaken ofIllinois claims her recently deceased father, Donald Creamer, developed lung cancer after his work as a laborer, electrician and home remodeler at various locations from 1954 until 1979. Eaken 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-952.

--Donald Fallin ofLouisiana, a painter and repairman from 1955 until 1979 at various locations, claims lung cancer. Fallin 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-938.

--Bonnie Harrison claims the recently deceased Luralove Stripling developed mesothelioma after her work as a teacher at various locations from 1965 until 1979. Luralove Stripling was also exposed to asbestos fibers after her family member, Abner Stripling, worked as a pipefitter at various locations from 1940 until 1977, according to the complaint. Bonnie Harrison 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-963.

--William L. Hawkins ofWashington,D.C., claims his recently deceased mother, Kathleen Porter-Hawkins, developed mesothelioma after her work at Norfolk Naval Base and Shipyard from 1941 until 1944, with Bethlehem Steel from 1944 until 1949, at American Silk Mill from the 1940s until the 1950s and at Gordonsville Industries from 1968 until 1976. William L. Hawkins 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-969.

--Marshall J. and Emma Hooks ofGeorgia claim Marshall Hooks developed mesothelioma after his work at Auto Paints and Supplies from 1958 until 1960 and as a grab truck driver and millwright for International Paper Company from 1960 until 2002. The Hooks 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-962.

--Linda Iannone ofNew Jersey claims her recently deceased husband, John Iannone, developed lung cancer after his work as a laborer, wire assembler, dispatcher, material handler, bench hand, layout operator and home remodeler at various locations from 1951 until 1979. Linda Iannone 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-953.

--Rheta Larson ofMinnesota, a laborer and office clerk at various locations from 1969 until 1971, claims mesothelioma. Larson 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-959.

--Catherine Lavallee ofMassachusetts, a chef, mortgage processor, delivery driver, assembly line worker and quality control inspector at various locations from 1982 until now, claims mesothelioma. Lavallee says she was also exposed to asbestos fibers through her family member, Michael Stevens, who worked as a home remodeler at various locations from 1968 until 1979. Lavallee 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-940.

--Sandra Lee ofCaliforniaclaims her recently deceased father, Wilburn H. Smith, a merchant marine oiler, fireman, boiler tender and home remodeler at various locations from 1940 until 1978,developed lung cancer. Lee 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-954.

--John Leonard ofMissouri, a laborer at various locations from 1968 until 1979, claims esophageal cancer. Leonard 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-939.

--Helene Loewen claims her recently deceased husband, Kenneth Loewen, developed mesothelioma after his work as a plumber's assistant, pipe layer, boilerman, gas fitter, furnace installer, heating supplies salesman and deliveryman, plumber, sheet metal worker, heating and air-conditioning serviceman and HVAC equipment manager at various locations from 1954 until 1979. Helene Loewen will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd. Madison County Circuit Court case number: 09-L-941.

--Leland Lorbecke ofWisconsin, a farm hand, laborer, sprinkler fitter and water manager at various locations from 1948 until 2009, claims mesothelioma. Lorbecke will be represented by Nate Mudd of French and Mudd inSt. Louis. Madison County Circuit Court case number: 09-L-951.

--Hager and Wilda Lowe ofFlorida claim Hager Lowe developed mesothelioma after his work as an electrician, laborer and supervisor at various locations from 1942 until 1989. The Lowes will be represented by Shane F. Hampton and Paul M. Dix of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton.

--Michael McClure ofMissouri claims his recently deceased sister, Brenda McClure, developed lung cancer after her work as a teacher's aide from 1973 until 1975. Brenda McClure was also exposed to asbestos fibers through her family member, Mary McClure, who worked as an inspector, paint mixer and can packer at various locations from 1959 until 1979, according to the complaint. Michael McClure 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-964.

--Mary A. McQuiston ofFlorida, a sheet metal worker for Sun Shipyard from 1942 until 1945, an administrative worker for General Electric during the late 1940s and a wallpaper hanger and painter from 1963 until 1978, claims mesothelioma. McQuiston was also secondarily exposed to asbestos fibers through her husband, who worked as a painter and wallpaper hanger from 1946 until 1978 and as a carpenter from 1975 until 1978, according to the complaint. McQuiston 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-971.

--Courtney M. Oakley Sr. claims the recently deceased Shirley Wellmaker developed lung cancer after her work as a social worker, nurse associate and laborer at various locations from 1966 until 1979. Shirley Wellmaker was also exposed to asbestos fibers through her family member, Willie J. Wellmaker, who worked as a laborer and mold finisher at various locations from 1964 until 1979, according to the complaint. Oakley 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-965.

--Barbara Ann Padilla ofNew Mexico, a customer service representative at various locations from 1974 until 1979, claims mesothelioma. Padilla was also exposed to asbestos fibers through her family member, David Padilla, who worked as a knife grinder, maintenance man and home remodeler from 1966 until 1979. Barbara Ann Padilla 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-958.

--Joann R. Seaver ofMinnesota, a computer operator from 1965 until 1978, claims mesothelioma. Seaver 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-956.

--Delphine Simms ofMissouri claims her recently deceased husband, Barney Simms Jr., developed lung cancer after his work as a maintenance worker and assembly line worker at various locations throughoutIllinois andMissouri from 1961 until 1989. Delphine Simms will be represented by Nicholas J. Angelides of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-950.

--Marvin E. and Mary Ann Sydnor ofTennessee claim Marvin E. Sydnor developed mesothelioma after his work as a furniture builder for Gaines Manufacturing Co. from 1962 until 1965, as a DC operator at Consolidate Aluminum Corp. from 1965 until 1971 and as a carpenter from 1971 until 1984. The Sydnors 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-970.

--Eugene and Myrtle Weible of Nebraska claim Eugene Weible developed mesothelioma after his work as a member of the U.S. Army and as a forklift driver at Carpenter Paper Company. Eugene Weible also flocked Christmas trees in 1956, according to the complaint. The Weibles 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-961.

http://www.madisonrecord.com/news/221218-27-new-asbestos-cases-filed-in-madison-county-sept.-8-11



 
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California – Asbestos Trades – Asbestos Mesothelioma Cases Filed

15 more asbestos cases filed inMadisonCountyAug. 31-Sept. 4
9/16/2009 1:13 PM By Kelly Holleran 

A total of 15 newasbestos lawsuits were filed in Madison County Circuit Court during the week of Aug. 31 through Sept. 4.

The following complaints were filed:

--Eddie R. Bryan of Georgia, a member of the U.S. Navy from 1967 until 1969, a car porter from 1969 until 1971, a laborer on Atlanta Dairies in 1971, a laborer at Lanthern Machinery from 1972 until 1973, a salesman at WW Grainger from 1973 until 1978, a driver at Marta Bus from 1978 until 1989 and a laborer at Pilgrim Mat Service from 1989 until present, claims mesothelioma.Bryan claims he was also secondarily exposed to asbestos fibers through his ex-wife who worked as a secretary at Georgia Pacific from 1986 until 1989, through his father who worked in a hardware store and through his stepfather who was a salesman at Bynum Paint Company, according to the complaint.Bryan is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-898.

--Mary E. Burnette of Illinois claims her recently deceased brother, James A. Hobbs, developed mesothelioma after his work as a laborer and electrician from 1968 until the mid 1970s, as a mechanic in 1972 and as a construction laborer from 1970 until 1973. Burnette will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. 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-915.

--Rudolph W. and Opal E. Card of Nevada claim Rudolph Card developed mesothelioma after his work as a warehouseman refurbishing Jeeps from 1949 until 1950, as a truck and railroad maintenance worker from 1950 until 1952, as a truck driver from 1952 until 1953, as a garbage man from 1953 until 1954, as a maintenance and clean-up worker in 1955, as a boiler plant operator from 1955 until 1970, as a painter and sandblaster from 1970 until 1973, as a roustabout and general helper from 1972 until 1988, as a shadetree mechanic from the 1950s until the 1980s and as a backhoe operator in 1988. The Cards are 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 inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-929.

--Richard L. and Sylvia Collins ofIllinois claim Richard L. Collins developed mesothelioma after his work as an accountant at the John Deere plant from 1965 until 1992. The Collinsare represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-930.

--Justin A. Derrico ofOhio, a cook, salesman, maintenance worker, art teacher and ceramic artist at various locations from 1957 until now, claims mesothelioma. Derrico will be represented by Myles L. Epperson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-911.

--Lee Marion and Elizabeth Cline of Arkansas claim Lee Marion Cline developed mesothelioma after his work as a laborer, machinist and lathe operator at Wagstaff Engineering from 1963 until 1976, as a laborer and machinist at Cut Master from 1970 until 1972, as a machinist for Cominco American from 1978 until 1979, as a mechanic and supervisor at Abba Dabba from 1972 until 1974 and as a business representative for the International Association of Machinist Local 86 from 1979 until 1983. The Clines are 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 Aaron Plumlee of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-899.

--Burnadette Fuwell ofMissouri alleges her recently deceased husband, Buford R. Fuwell, developed mesothelioma after his work as a pipefitter, automobile mechanic and carpenter at various locations from 1947 until 1982. Burnadette Fuwell will be represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-906.

--Edward Garrugus of Indiana, a laborer, administrator, fabricator, carpenter and auto salesman at various locations throughoutIllinois,Indiana,Michigan andCalifornia from 1954 until 1989,alleges mesothelioma. Garrugus will be represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-927.

--Walter O. Gosnell Jr. and Barbara Morgan Gosnell of Tennessee allege Walter O. Gosnell Jr. developed mesothelioma after his work as a machinist mate and engine room operator for the U.S. Navy from 1965 through 1969, as a medical technician at Margaret Pardee Hospital from 1974 through 1975, as a medical technician and serology supervisor for the University of Tennessee from 1975 until 1976 and as a medical technician and microbiology supervisor at Morristown Hamblen Hospital from 1977 until 2000. The Gosnells are 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 Aaron Plumlee of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-900.

--Devereux Josephs ofColorado claims mesothelioma after his work as a management trainee, in financial analysis and controller of Industrial Insulations Division and Pipe Division from 1947 until 1983. Josephs will be represented by Christopher R. Guinn, Perry J. Browder and John A. Barnerd of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-926.

--Debora Mitchell of Virginia claims her recently deceased father, William Mitchell, developed mesothelioma after his work as a boilerman and inspector at various locations throughoutIllinois and theUnited States from 1945 until 1995. Debora Mitchell will be represented by Randy S. Cohn of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-924.

--James Palella ofNew Hampshire alleges his recently deceased wife, Frances Palella, developed mesothelioma after she was secondarily exposed to asbestos fibers through her husband, who worked as an auto mechanic helper from 1948 until 1950 and as a mortgage broker from 1981 until 1988. James Palella also performed brake and clutch work on his own vehicle from 1960 until 1980 and did remodeling work during the 1950s and 1960s on the Palellas' home inBrooklyn,N.Y., according to the complaint. The Palellas are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-897.

--William R. Whitby Jr. and Shirley A. Whitby of Virginia allege William R. Whitby Jr. developed mesothelioma after his work as a millwright at Silvania Industrial Corporation from 1920 until 1950, as a millwright at Hercules Powder Factory from 1931 until 1950, as a furnace worker from 1955 until 1995, as an engine and boiler room worker from 1951 until 1955 and as a shade tree mechanic from the 1950s until 1990. TheWhitbyare 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: 09-L-928.

--Michael D. Wiedmer ofNorth Dakota claims his recently deceased father, Norman Wiedmer, developed lung cancer after his work as an operator at various locations from 1961 until 1979. Michael Wiedmer 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-917.

--Guy and Annette Wilkerson ofTennessee allege Guy Wilkerson developed mesothelioma after his work as a seaman in the U.S. Navy from 1946 until 1947, as a laborer at various locations from 1947 until 1953, as a worker at Fuller Brush in 1953 until 1960 and as a minister beginning in 1960. The Wilkersons are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-923.

http://www.madisonrecord.com/news/221133-15-more-asbestos-cases-filed-in-madison-county-aug.-31-sept.-4

 
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California – Asbestos Trades –Mesothelioma Asbestos Cases Filed

21 new asbestos cases filed inMadisonCountyAug. 17-21
8/28/2009 10:00 AM By Kelly Holleran 

A total of 21 newasbestos suits were filed in Madison County Circuit Court during the week of Aug. 17 through Aug. 21.

The following complaints were filed:

--Denis Barnes, a gas station attendant, laborer, machine operator and home remodeler at various locations from 1956 until 1979, claims mesothelioma. Barnes is 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-843.

--Jacqueline Bourassa ofMassachusetts claims her recently deceased husband, Leo Bourassa, developed mesothelioma after his work as a pipefitter at various locations from 1957 until 1979. Bourassa is 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-849.

--Robert Boyer ofMissouri, a laborer and gas station attendant at various locations from 1972 until 1979, claims lung cancer. Boyer is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd. Madison County Circuit Court case number: 09-L-845.

--Richard Brockman ofSouth Carolina, a pipefitter and pipe welder from 1962 until 1979, claims lung cancer. Brockman is 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-856.

--Clarabelle M. Clark of Ohio claims her recently deceased husband, Donald B. Clark, developed lung cancer after his work as a boiler operator in the U.S. Navy from 1946 until 1950, as a boiler operator for Dibles Plumbing and Heating from 1950 until 1951, for Porcelain Products Co. from 1952 until 1953, for Moral Foundry from 1953 until 1954 and for National Machinery beginning in 1954. Donald B. Clark was also secondarily exposed to asbestos through his father's work at Murphy Brothers Foundry, according to the complaint. Clarabelle M. Clark 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-874.

--Lona J. Cribley of Michigan claims her recently deceased husband, Billy G. Cribley, developed lung cancer after his work as a member of the U.S. Marine Corps from 1954 until 1956, as a farmer from 1956 until 1960, as a worker for Gulf Stream Coach from 1960 until 1967, as an oil well insulator from 1967 until 1969, as an insulator and painter from 1970 until 1977, as a laborer for General Motors from 1977 until 1990 and as an insulator from 1997 until 2004. Lona Cribley 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-859.

--Larry Culvahouse of Indiana, a laborer at various locations from 1965 until 1979, claims lung cancer. Culvahouse is 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-855.

--Grady O. and Marline Estes of Alabama claim Grady Estes developed mesothelioma after his work at Firestone Tire and Rubber from 1944 until 1945, as a grinder for Midland Steel from 1956 until 1957, as a painter at Victor Chemical Works in 1960, as a steel worker for Munster Steel from 1960 until 1978 and as a pipefitter for Viking Engineering from 1978 until 1982. The Estes 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-858.

--Hilbert and Sally Flokstra of Florida claim Hilbert Flokstra developed mesothelioma after his work as a carpenter for Gray and Banks Construction from 1954 until 1968, as a carpenter for Fred O'Grady Construction from 1968 until 1970, as a carpenter for H&R Flokstra Construction from 1970 until 1971 and from 1976 until 1984, as a teacher of woodworking classes from 1976 until 1980 and as a supervisor and carpenter for Tom Woods Construction from 1984 until 1986. The Flokstras are represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland of Edwardsville. Madison County Circuit Court case number: 09-L-857.

--Salvador Gonzalez ofCalifornia claims his recently deceased father, Salvador Gonzalez Sr.,developed mesothelioma after his work as a laborer from 1975 until 1979. Salvador Gonzalez is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Anglides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-852.

--Mack J. Hambicki ofArizona, a mechanic, laborer and manager at Hambicki Brothers from 1963 until 1978, a mechanic at Auto Pallets from 1961 until 1963, a laborer and mechanic at Valley Waste, a truck driver and mechanic at American Gooseneck, a mechanic, laborer and manager at HBI and a manager and laborer at HBI Brothers, alleges mesothelioma. Hambicki is represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. 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-877.

--Jens Kieler ofWashington claims his recently deceased father, Hermann E. Kuljurgis, developed mesothelioma after his work as a repairman and electrician from 1956 until 1979. Kieler is 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-850.

--Ronald and Margaret Killebrew of Pennsylvania allege Ronald Killebrew developed mesothelioma after his work as a mechanic at several auto body shops from 1961 until 1968, as a laborer and assembler at Sears Manufacturing from 1968 until 1973 and as a laborer for Kaufman's from 1973 until 2000. The Killebrews are 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 Aaron Plumlee of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-876.

--Jerry Kirksey ofAlabama, a laborer at various locations from 1963 until 1967, claims lung cancer. Kirksey is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd of East Alton. Madison County Circuit Court case number: 09-L-844.

--Randel Ladd ofTennessee claims his recently deceased brother, Paul E. Ladd, developed mesothelioma after his work as a member of the U.S. Army from 1953 until 1954. After his discharge, Ladd worked at the Roane Hoseiry Mill, according to the complaint. Randel Ladd 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-875.

--Carlos Madrid ofCalifornia claims his recently deceased brother, HectorMadrid, developed mesothelioma after his work as a longshoreman at various locations from 1969 until 1979. Carlos Madrid is 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-851.

--Theresa Martin ofIllinois claims her recently deceased husband, Rodger Martin, developed mesothelioma after his work as a supervisor at various locations from 1956 until 1991. Theresa Martin is represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-866.

--Deanna Pritchett ofMissouri claims her recently deceased father, Keith Everman, developed mesothelioma after his work as a fireman, switch adjuster and plumber at various locations throughoutIllinois andNebraska from 1944 until the late 1990s. Pritchett will be represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-865.

--Beverly A. Showalter ofIllinois claims her recently deceased father, Frederick A. Balster, developed lung cancer after his work at Amoco Oil for more than 50 years. Showalter 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-863.

--Kimberly Sylvester ofIllinois claims her recently deceased father, Peter Kostiuk Jr., developed lung cancer after his work as a laborer from 1960 until 1979 at various locations. Sylvester is 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-854.

--Geraldine Tepper ofFlorida claims her recently deceased brother, Marvin Tepper, developed mesothelioma after his work as a printing press operator at various locations from 1962 until 1979. Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Anglides and Barnerd inEast Alton will be representing Geraldine Tepper. Madison County Circuit Court case number: 09-L-848.

--Robin Unger ofMinnesota claims her recently deceased father, Willie Unger, developed lung cancer after his work as a laborer, welder and home remodeler at various locations from 1960 until 1979. Unger is 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-853.

http://www.madisonrecord.com/news/220840-21-new-asbestos-cases-filed-in-madison-county-aug.-17-21

 
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California – Asbestos Trades – Asbestos Mesothelioma Lawsuits

Nine new asbestos cases filed Aug. 10-14
8/24/2009 1:30 PM By Kelly Holleran 

A total of nine newasbestos suits were filed in Madison County Circuit Court during the week of Aug. 10 through Aug. 14.

The following complaints were filed:

--Mary Balthasar ofIowa, a bookkeeper and office manager in 1980 and from 1986 until 1992, claims mesothelioma. Balthasar was also exposed to asbestos through her family members, who performed home remodeling projects and worked on cars, according to the complaint. Balthasar is 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-833.

--Rowland Deems ofNebraska, an electrician at Union Pacific Railroad from 1946 until 1952 and from 1954 until 1964, a member of the U.S. Navy from 1952 until 1964 and an outside salesman for Omaha Compound from 1969 until 1996, claims mesothelioma. Deems is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-832.

--Charles and Mary Sue Denning ofLouisiana claim Charles Denning developed mesothelioma after his work as a member of the U.S. Navy from 1952 until 1956 and as a research scientist from 1966 until 1992 at Behr Laboratories. The Dennings are represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-831.

--Donald and Margaret Hybels ofMichigan claim Donald Hybels developed mesothelioma after serving in the U.S. Army from 1944 until 1946. Donald Hybels also began working as an electrician in 1946 and worked at Muskegan Electric, Moore Electrical Service, Rowen and Blair Electric Company and Hybels Electric Service, according to the complaint. The Hybels 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-837.

--Mary and Stephen Monasmith ofArizona claim Mary Monasmith developed mesothelioma after her work as an office manager from 1994 until 2008. Mary Monasmith was also secondarily exposed to asbestos fibers through her family members, according to the complaint. The Monasmiths are represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-834.

--J.C. Morrow ofOklahoma, a laborer, insurance salesman and compositer at various locations throughoutOklahoma,Kansas,Arkansas,California,Washington,Alaska andHawaii from 1950 until 1992,claims mesothelioma. Morrow is represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-828.

--Julie Rockingham ofIllinois claims Addist Rockingham died after developing mesothelioma. Addist Rockingham was exposed to asbestos after his work as a steelworker for more than 30 years and as a member of the Army, according to the complaint. Julie Rockingham is represented by Richard L. Saville Jr. and Ethan A. Flint ofAlton. Madison County Circuit Court case number: 09-L-835.

--Tawny and Keith Stetzel claim Tawny Stetzel developed mesothelioma after her work as a medical lab technician from 1987 until 2009. The Stetzels are represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-830.

--Ronald E. Wilson and Alice Malone-Wilson ofArizona claim Ronald E. Wilson developed colon cancer after serving in the U.S. Air Force from 1954 until 1958 and the U.S. Navy from 1958 until 1984. Ronald Wilson was also a merchant seaman from 1985 until 1988, according to the complaint. TheWilsons 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-836.

http://www.madisonrecord.com/news/220720-nine-new-asbestos-cases-filed-aug.-10-14

 
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California – Asbestos Trades – Asbestos Mesothelioma Lawsuits

18 new asbestos cases filed July 27-31
8/20/2009 8:39 AM By Kelly Holleran 

A total of 18 new asbestos lawsuits were filed inMadisonCounty during the week of July 27 through July 31.

The following claims were filed:

--Norbert and Marjorie Bossen ofIowa allege Norbert Bossen developed mesothelioma after his work in theUnited States Navy from 1944 until 1946; as aboilermaker in the late 1940s and early 1950s; withGilbert and Bossen Farm Implements from the early 1950s until 1967; as a pipe fitter from 1967 until 1982; and performinghome remodeling work to his homes in the mid 1970s. The Bossens are represented by Robert Rowland and Elizabeth V. Heller of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Sean P. Worsey of Levin, Simes, Kaiser and Gornick inSan Francisco will serve of counsel. Madison County Circuit Court case number: 09-L-795.

--Walter Derby ofColorado, anaviation mechanic, consulting engineer, police officer, security guard, laborer, tree trimmer and contractor/construction worker at various locations throughoutIllinois,California,Colorado andOklahoma from 1967 until 2007claims mesothelioma.Derby is 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-789.

--Catherine Fridmanski claims her recently deceased cousin, Andrew Mulato, developed mesothelioma after his work as abricklayer andsteelworker at various locations from 1940 until 1980. Fridmanski is represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of the O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-792.

--Josie Gonzales ofTexas claims her recently deceased husband, Eulalio Gonzales, developed mesothelioma after his work as alaborer and foreman at various locations throughoutIllinois,Missouri,Colorado,Kansas,New Mexico andTexas from 1958 until 1985. Josie Gonzales is represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-798.

--Joseph and Sandra Goudreau ofMichigan claim Joseph Goudreau developed mesothelioma after his work as alaborer, painter, operator and engineer at various locations inIllinois,Michigan,Alabama andWisconsin from 1950 until 2000. The Goudreaus are 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-801.

--Julie Hied ofMontana claims her recently deceased husband, Lyle Woolston, developed mesothelioma after his work as arancher and mechanic at various locations from 1968 until 1978. Hied is 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-775.

--Betty Hughes ofVirginia claims her recently deceased husband, Cecil Hughes, developed mesothelioma after his work as alaborer and carpenter from 1970 until 1979. Hughes is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelisdes and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-776.

--Robert and Barbara Krupp ofIllinois allege Robert Krupp developed lung cancer after his work in theU.S. Coast Guard from 1952 until 1955; as alaborer at Mallinckrodt Chemical Company from 1955 until 1957; as alaborer at TheNew York,New Haven andHartford Railroad Company from 1957 until 1961; as alaborer at Stickland Trucklines from 1962 until 1965; and as alaborer at Manufacturers Railway Company from 1965 until 1991. The Krupps are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-777.

--John Lappin ofMissouri, amachinist and steelworker from 1947 until 1992,claims mesothelioma. Lappin is represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-772.

--Ronald H. and Karen L. Larson claim Ronald H. Larsondeveloped mesothelioma after his work as afield lineman with theUnited States Army from 1960 until 1963 and as asteel plate inspector at Bethlehem Steel from 1963 until 1987. The Larsons are represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, C. Taylor Campbell, J.D. McMullen and William H. Barfield of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-781.

--Christopher Morelli ofNew Jersey claims his recently deceased wife, Michelle Morelli, developed mesothelioma after her work as alaborer at Lockheed Martin in 1982. She was alsoexposed to asbestos fibers while doing abatement work during the late 1990s and wassecondarily exposed through her husband, who owned apainting, drywall and texture company from 1982 until now, according to the complaint. Christopher Morelli is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-782.

--Jimmy E. and Rosalee Murphy ofArkansas claim Jimmy Murphy developed mesothelioma after his work as amanufacturer from 1967 until 1971 atTucker Duck and Rubber Company,Fort Smith Table and Chairs and Bowmen and Company; as alaborer for Capco from 1971 until 1976; as awelder for Structural Steel in 1976; as aforklift operator for Farmland Feed Mill from 1976 until 1980; as awelder for Branham Industries from 1980 until 1981; as awelder for Interstate Electric from 1983 until 1986; and as anassembly line worker forTrane from 1986 until 2000. The Murphys 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-793.

--Shirley Jo Peeler ofOhio, acashier for Liberal Markets from 1953 until 1956 and an employee at Revco and apress operator atStanhope Products from 1956 until 1958, claims mesothelioma. Peeler 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-794.

--Larry C. and Bettye M. Sims claim Larry C. Simsdeveloped mesothelioma after his work as anengineer and machinist mate while in theU.S. Navy from 1962 until 1987; as amaintenance man at Dorchester School District in South Carolina from 1987 until 1998; as ahome remodeler at his house from 1960 until 1970; and as ashadetree mechanic from 1959 until 1979. The Sims are represented by Randy L. Gori of Gori, Julian and Associates inAlton. 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-779.

--Toni Solano ofTexas claims her recently deceased husband, John M. Solano, developed mesothelioma after his work as alaborer and division engineer forBurlington Northern Santa Fe Rail Road from 1975 until 2005. Toni Solano 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-796.

--Robert A. and Darlene M. Switzer claim Robert A. Switzer developed mesothelioma after his work as aservice representative, products liability specialist, maintenance, expert claims witness forCaterpillar Tractor Company from 1953 until 1988; while being enrolled in officer's candidate school where he learned and performed duties onNavy ship from 1944 until 1946; while working for aroad equipment contractor and onwelded metal tracks from 1949 until 1953; as afarmer at Norvel Switzer Farm from 1926 until 1944; as ashadetree mechanic from the 1950s until 1980; and inresidential construction from the 1950s until 1980. The Switzers are represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, R. Craig Bullock and J. Kyle Beane ofHouston will serve of counsel. Madison County Circuit Court case number: 09-L-780.

--Leo J. and Ruth A. Vietmeier claim Leo J. Vietmeier developed mesothelioma after his work as alaborer, assembly line worker and maintenance man at American Vitrified in the 1950s; as alaborer while in the AFL-CIO Union in the 1960s; as amine worker at Pegg's Run Coal Mill inPennsylvania in the 1970s; as ameat cutter at Giant Eagle from 1980 until 1996; as a homeremodeler at his home from 1967 until 1990; and as ashadetree mechanic on his automobiles from 1950 until 1980. The Vietmeiers are represented by Randy L. Gori of Gori, Julian and Associates inAlton. W. Mark Lanier, Patrick N. Haines, Angela B. Greenburg, Sam T. Richard, Bridget Baragona and Lauren H. Ware of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-778.

--Mary Ellen White ofNew Hampshire claims her recently deceased husband, John Grohosky, developed mesothelioma after his work in theU.S. Navy from 1944 until 1964 and as aforklift driver from the early 1970s until 1988. White is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-784.

--Fred Young ofWisconsin, who served in theBritish Navy from August 1940 until August 1954 and who worked as amechanical researcher from 1954 until 1956; as amechanical researcher at AV Roc from 1956 until 1958; as adesign engineer forPratt and Whitney from 1958 until 1960; as adesign engineer at the GE Nuclear Power Demonstration Plant from 1960 until 1963; as a seniorreactor operator atOntario Hydro from 1963 until 1965; as amaintenance supervisor atThunder Bay Generating Plant from 1965 until 1967; as amaintenance supervisor atWisconsin Electric Point Beach Plant from 1968 until 1972; as alaborer at Bechtel from 1972 until 1984; and as aconsultant at Wisconsin Electric Point Beach Plant from 1984 until 1989, claims mesothelioma. Young is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-797.

http://www.madisonrecord.com/news/220671-18-new-asbestos-cases-filed-july-27-31


 
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California – 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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California – Asbestos Trades – Asbestos Mesothelioma Claims Filed

17 new asbestos claims filed inMadisonCountyJuly 20-24
7/29/2009 9:42 AM By Kelly Holleran 

A total of 17 new asbestos lawsuits were filed inMadisonCounty during the week of July 20 through July 24.

The following claims were filed:

--Patrick Arthur ofFlorida claims his recently deceased father, Armand Arthur, developed mesothelioma after his work as a laborer and cabinet maker from 1955 until 1995. Patrick Arthur is represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-771.

--Jerome Brockmeyer, a chemical operator at National Lead from 1955 until 1980 and at Combustion Engineering from 1981 until 1997, claims mesothelioma. Brockmeyer is represented by James F. Kelly and Jeffrey A.J. Millar of Brent Coon and Associates inSt. Louis. Madison County Circuit Court case number: 09-L-764.

--Veronica Campbell ofTexas claims a recently deceased man, James R. Campbell, developed mesothelioma after his work as a laborer, high school teacher, high school vocational work study program coordinator, high school principal and associate principal and academy superintendent at various locations from 1953 until 1979. Veronica Campbell is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-742.

--Steven H. Coody, an owner and mechanic at Steve Coody Trucking from 1972 until 1981; a farmer and mechanic at Coody Farm from 1963 until 2009; and a construction worker and shadetree mechanic from 1966 until 2009, claims mesothelioma. Coody is represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, C. Taylor Campbell, J.D. McMullen and William H. Barfield of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-758.

--Mark Custance ofCalifornia claims a recently decease man, Howard Custance,developed mesothelioma after his work as a laborer. Mark Custance is represented by Richard L. Saville Jr. and Ethan A. Flint ofAlton. Madison County Circuit Court case number: 09-L-756.

--Edwardo J. Dorato and Barbara Dorato of Nevada allege Edwardo J. Dorato developed mesothelioma after his work as an infantryman and maintenance man in the U.S. Army from 1953 until 1956; as a produce packer at Arrow Packing Co. from 1957 until 1967; as a surveyor's assistant at Jefferson Construction from 1967 until 1968; as a position cook at Ice Cream Parlor from 1968 until 1969; as a grill man at George's Restaurant from 1969 until 1980; as a prep cook from 1980 until 1982; and as a grill man from 1982 until 1993 at Dottie's Kitchen. The Doratos are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-750.

--Patricia Fillmore ofMissouri alleges the recently deceased David Fillmore developed mesothelioma after his work as a laborer. Patricia Fillmore is represented by Richard L. Saville Jr. and Ethan A. Flint ofAlton. Madison County Circuit Court case number: 09-L-755.

--Stanley E. Fisher of Indiana, a bricklayer, switchman, laborer and forklift operator from 1951 until 1979, claims colon cancer. Fisher is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-745.

--Robert Flippin, a heavy construction worker from 1963 until 1966; a large pipe insulation material installer and retriever from 1966 until 1969; a heavy construction worker from 1969 until 1971; and a production and fabrication line worker from 1972 until 1976, claims mesothelioma. Flippin is represented by James F. Kelly and Jeffrey A.J. Millar of Brent Coon and Associates inSt. Louis. Madison County Circuit Court case number: 09-L-763.

--Gordon Hatcher Jr. ofAlabama claims his recently deceased father, Gordon Hatcher Sr. developed mesothelioma after his work as an electrician and laborer. Gordon Hatcher Jr. is represented by Richard L. Saville Jr. and Ethan A. Flint ofAlton. Madison County Circuit Court case number: 09-L-754.

--Florence Hudson of Missouri, a furnace repairman and truck driver at various locations inIllinois andMissouri from 1958 until 1998, claims lung cancer.Hudson is represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. Fitzgerald of O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-765.

--Wanda Kidd ofOklahoma claims her recently deceased husband, Kenneth M. Kidd, developed mesothelioma after his work as a steamfitter, welder, pipefitter, plumber, engineer and shopfitter at various locations throughoutIllinois andMissouri during the 1940s. Kidd is represented by Myles L. Epperson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-748.

--Sophia and James Kirn ofIllinois allege Sophia Kirn developed Mesothelioma after her work as a laborer at American Can Company in 1948 and as an operator at Illinois Bell Telephone from 1956 until 1991. Sophia Kirn was also secondarily exposed to asbestos fibers through her husband, who worked from 1943 until 1954 as a laborer at American Can Company, from 1954 until 1971 as a laborer at Edwards Pole and Wire, as a laborer at Man Power in 1972, as a laborer at Waukegan Township Highway Department in 1973 and as a laborer at North Short Sanitary District from 1975 until 1992, according to the complaint. The Kirns are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-741.

----Lois M. Lane of Missouri claims she developed mesothelioma after her secondary exposure to asbestos fibers through her ex-husband, who worked as a cook in the U.S. Army from 1953 until 1955; as a laborer at Continental Can from 1955 until 1961; as a carpenter at Fruin-Colnon in 1961; as a laborer at Mitchell's Auto Salvage from 1961 until 1962; and as a laborer at Sander's Auto Salvage from 1962 until 1982. Lane is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-757.

--Patrick and Anna McGrath ofIllinois claim Patrick McGrath developed mesothelioma after his work as a painter, laborer and computer consultant from 1969 until now. The McGraths are 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-753.

--Paul Myers of North Carolina, a laborer, welder and assembly and construction worker from 1959 until 1998 at various locations throughout Illinois, Ohio and Delaware, claims mesothelioma. Myers is represented by Timothy F. Thompson Jr. and Ryan J. Kiwala of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-752.

--Richard L. Neathammer ofAlabama claims his recently deceased father, Richard U. Neathammer, developed mesothelioma after his work as a fireman, sales associate, manager and courier at various locations throughoutIllinois andMissouri from 1947 until 1992. Neathammer is represented by Myles L. Epperson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-749.

http://www.madisonrecord.com/news/220281-17-new-asbestos-claims-filed-in-madison-county-july-20-24

 
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California – Asbestos Trades – Asbestos Exposure Lawsuits

Seven asbestos claims filed inMadisonCounty between July 6-10
7/22/2009 1:47 PM By KellyHolleran

A total of seven new asbestos lawsuits were filed inMadisonCounty during the week of July 6 through July 10.

The following claims were filed:

--Luther Gibson ofWisconsin, a field worker, laborer and machinist at various locations from 1945 until 1991, claimsmesothelioma. Gibson is represented by Nicholas J.Angelides ofSimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-716.

--BeverlyGrinko ofIllinois claims her recently deceased husband, DonaldGrinko, developedmesothelioma after his work as a sheet metal worker at various locations from 1962 until 2002. BeverlyGrinko is represented by Randy S. Cohn ofSimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-720.

--David Hicks ofCalifornia, a quartermaster, machinist and repair man from the 1950s until 1987,claimsmesothelioma.Hicks is represented by Randy S. Cohn ofSimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-721.

--James L. McClain Jr. and Dianne McClain ofMississippi claim James L. McClain Jr. developedmesothelioma after his work as a machinist from 1968 until 1970, as a plumber's helper from 1976 until 1977 and as a laborer, cementer and supervisor from 1977 until 2007. TheMcClains 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-705.

--SherylMcClary ofIllinois claims recently deceased William Burke developed lung cancer after his work as a mold maker at Owens-Illinois Glass inAlton from 1956 until 1993.McClary is represented by Randy L.Gori and Barry Julian ofGori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-703.

--Paul and GenevievePadalino claims PaulPadalino developedmesothelioma after his work as a heating and furnace repair worker and sheet metal worker from 1949 until 1977, as a sheet metal worker at Ford Transmission Plant from 1977 until 1980, as a power plant operator and pipefitter in 1980, as an operator at Ford Sheldon Road Parts from 1983 until 1994 and performing home remodeling and construction from 1956 until 1989. ThePadalinos are represented by Randy L.Gori ofGori, Julian and Associates inAlton. W. Mark Lanier, Patrick N. Haines, Angela B. Greenburg, 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-704.

--JosephZembala ofIndiana claims his recently deceased wife, BernadetteZembala, developedmesothelioma after she was secondarily exposed to asbestos through her husband, who worked as a millwright from 1946 until 1982. JosephZembala is represented by Randy L.Gori and Barry Julian ofGori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-715.

http://www.madisonrecord.com/news/220151-seven-asbestos-claims-filed-in-madison-county-between-july-6-10

 
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California – Asbestos Trades – Asbestos Mesothelioma Lawsuit

18 new asbestos cases filed June 29-July 3
7/14/2009 12:26 PM By Kelly Holleran

A total of 18 newasbestos lawsuits were filed inMadisonCounty during the week of June 29 through July 3.

The following claims were filed:

--Kathleen K. and Mark Anderson ofVirginia allege Kathleen K. Anderson developed mesothelioma after her work on a family farm, where she operated farm equipment and helped with daily chores. Kathleen K. Anderson also worked as an office assistant in the counselor's office from 1966 until 1970 and at the newspaper during her high school years, according to the complaint. In addition, she worked as an administrative assistant atWest Des MoinesSchool District for 14 years and worked as a secretary at IA Conservation Commission and in the plant nursery at Southern States Co-op until 2008, the suit states. TheAndersons are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-699.

--Erick Applebet ofTennessee alleges his recently deceased father, Percy Applebet, developed lung cancer after his work as a laborer at various locations from 1955 until 1979. 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-691.

--Edward Bundy ofCalifornia, a farm hand, musician, sandblaster, assistant manager, pug bill, truck driver, stockman, manager, laborer, security guard and assistant site manager from 1956 until 2009,claims mesothelioma. T. Barton French Jr. and Nate Mudd of French and Mudd inSt. Louis will be representing him. Madison County Circuit Court case number: 09-L-681.

--Roger L. and Kathy W. Carter ofTennessee claim Roger L. Carter developed lung cancer after his work as a millwright for Magnus Products from 1956 until 1966 and for Ford Motor Company from 1966 until 1970. Roger L. Carter also worked in the maintenance filed from 1970 until now. The Carters 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-679.

--Roberta Compton ofNew Jersey claims her recently deceased husband, Robert Compton, developed mesothelioma after his work as a shipfitter, pipefitter and salesman at various locations from 1942 until 1979. Roberta Compton is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-694.

--Ralph Fry ofOhio, a laborer and welder at various locations from 1943 until 1982, claims mesothelioma. Fry is represented by Brian J. Cooke and Karoline Carstens of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-686.

--Robert E. and Linnea Harris of Illinois claims Robert E. Harris developed mesothelioma after his work as a machinist mate in the U.S. Navy from 1960 until 1967; as an auxiliary operator from 1967 until 1973, as a health physicist from 1973 until 1976; as a supervisor from 1976 until 1983, serving various capacities at Numanco from 1983 until 1987 and at various companies from 1987 until present. The Harrises 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-680.

--Walter Gooden ofIllinois, a sander, punch operator, fork lift driver and welder at various locations from 1953 until 1993, claims lung cancer and asbestosis. Gooden is represented by Shane F. Hampton and Paul M. Dix of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-698.

--John Jacobs ofArkansas, a plater, laborer and construction worker at various locations from 1967 until 1979, claims lung cancer. Jacobs is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-693.

--Lillian S. Johnson of Florida claims her recently deceased husband, Charles E. Johnson, developed lung cancer after his work as an audit clerk in the U.S. Army from 1946 until 1951; in the examining division of the bureau of engraving and printing in 1949; in the Geography Division of the Bureau of Census in 1949; in the Insurance Modification Division of the Federal Housing Administration from 1949 until 1956; as a computer operator in the D.C. Army National Guard from 1956 until 1959; as a technician at the Bureau of the Census from 1959 until 1962 and as supervisor of the Electornics Lab and Computer Lab in the U.S. Naval Oceanographic Office from 1962 until 1978. Charles E. Johnson was also secondarily exposed to asbestos during the remodeling of his parents' home from 1947 until 1977 and through his uncle who worked from 1938 until 1963 as a factory worker, according to a complaint. Johnson is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-682.

--Marlene Jones ofPennsylvania, a psychiatric aide from 1969 until 1974, claims mesothelioma. Jones is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-697.

--Howard Lawrence ofNorth Carolina, an electricians mate and salesman at various locations from1949 until 1999, alleges mesothelioma.Lawrence is represented by Randy S. Cohn of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-701.

--Monroe Newsome of Illinois, a coal miner and laborer at various locations from 1966 until 1979, claims lung cancer. Newsome is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-696.

--Larry A. Post of Nebraska, who worked for the National Guard Reserves from 1963 until 1969, as a steamfitter at Natkin Service of Omaha from 1962 until 1963, as a steamfitter at Siebler Heating from 1978 until 1981, as a steamfitter at City Wide Heating from 1975 until 1978 and as a steamfitter at All Seasons Heating from 1996 until 1997, claims mesothelioma. Post is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-700.

--John C. Riley Jr. ofCalifornia, a custodian at various locations from 1973 until 1979, claims lung cancer. Riley is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-692.

--Rosie Rogers ofAlabama claims her recently deceased father, Eddie Winston, developed mesothelioma after his work as a pipefitter at Ingalls Shipyard from 1953 until 1996.Rogers 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-687.

--Kenneth and Judith Stockton of Texas allege Kenneth Stockton developed mesothelioma after his work as an aircraft mechanic from 1967 until 1973; as a truck and warehouse helper at Carnation Milk in 1962; as a carpenter at Stauffer Chemical Company and Shell Oil Company in 1963; as a laborer at various construction sties from 1964 until 1966; as an assistant manager from 1967 until 1971; as a real estate investor from 1971 until 1972; as a laborer during the renovation of St. James Condominium from 1972 until 1974; as a mortgage banker at Ben G. McGuire and Co. from 1972 until 1985; as mortgage banker at Stockton, Luedemann and French from 1985 until 1999 and as a mortgage banker at Northmarq Capital from 1999 until 2009. TheStocktons are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-683.

--Maurilio Ulteras ofCalifornia, a laborer at various locations from 1966 until 1975,claims mesothelioma. Ulteras is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-695.

http://www.madisonrecord.com/news/220002-18-new-asbestos-cases-filed-june-29-july-3

 
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California – 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 and chemical 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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California – Asbestos Trades – Asbestos Mesothelioma Lawsuits

10 new asbestos cases filed between June 15-19
7/9/2009 10:38 AM By KellyHolleran 

A total of 10 newasbestos lawsuits were filed in Madison County Circuit Court during the week of June 15 through June 19.

The following complaints were filed:

--Harry F. Anderson, who served in the U.S. Navy from 1960 until 1964, claims he developedmesothelioma.Anderson says he also worked as a punch press operator and welder from 1964 until 1966.Anderson is represented by James F. Kelly and Jeffrey A.J. Millar of Brent Coon and Associates inSt. Louis. Madison County Circuit Court case number: 09-L-645.

--SidDeinema ofIllinois, a mechanic, laborer, bricklayer and operator at various locations throughoutIllinois andIndiana from 1964 until 2009, claimsmesothelioma.Deinema is represented by Shane F. Hampton and Paul M. Dix ofSimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-648.

--Rick Dins of Wisconsin claims his recently deceased father, Rudy Dins, developedmesothelioma after his work as a gunner's mate for six months at the end of World War II and as a laborer and carpenter until his retirement in 1984. Rick Dins is represented by Randy L.Gori and Barry Julian ofGori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-647.

--James Heal and Helen Heal claim James Healdevelopedmesothelioma after his work as a shoe worker, service station attendant, printer, member of the United States Navy and electrician at various locations inIllinois,California,Rhode Island andArizona. The Heals are represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-635.

--Jimmy Martin Sr. and Theresa Lynn Martin claims Jimmy Martin Sr. developedmesothelioma after his work as a pipefitter, boilermaker and welder from 1975 until 1985. Jimmy Martin Sr. says he also performed home remodeling jobs and automotive brake jobs in the 1970s. The Martins are represented by Randy L.Gori ofGori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, W. Casey Harris and M. ClayFostel of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-634.

--George Edward Nichols and Susan Jane Nichols claim George Edward Nichols developedmesothelioma after his work as a laborer from 1963 until 1966 and a crane operator from 1967 until 2007. Randy L.Gori ofGori, Julian and Associates in Edwardsville will be representing the Nichols. W. Mark Lanier, Patrick N. Haines, C. Taylor Campbell, J.D. McMullen and William H. Barfield of The Lanier Law Firm in Houston. Madison County Circuit Court case number: 09-L-640.

--Barbara Jean Olson ofMinnesota claims her recently deceased husband, Clarence R. Olson, developed lung cancer after his work as a pipefitter from 1966 until 2006. TheOlsons 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-638.

--DwayneSchlecht and ShirleySchlecht ofColorado claim DwayneSchlecht developedmesothelioma after his work as a sheet metal worker from 1949 until 1996. TheSchlechts are represented by Nicholas J.Angelides, Melissa C.Schopfes and Taylor L. Kerns ofSimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-630.

--Betty White ofOklahoma claims her recently deceased husband, Neil White, developedmesothelioma after his work as a mechanic, electrician, operator, laborer and heavy equipment operator at various locations throughoutIllinois andOklahoma. White is represented by Shane F. Hampton and Paul M. Dix ofSimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-639.

--David L.Woolwine and Penny S.Woolwine ofIndiana claim David L.Woolwine developedmesothelioma after his work as a service station worker and foundry worker from 1961 until 1992. TheWoolwines are represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-644.

http://www.madisonrecord.com/news/219942-10-new-asbestos-cases-filed-between-june-15-19

 
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California – Asbestos Trades – Mesothelioma Asbestos Lawsuit

11 new asbestos cases filed May 25-29 inMadisonCounty
6/12/2009 7:55 AM By Kelly Holleran 

A total of 11 newasbestos lawsuits were filed in Madison County Circuit Court during the week of May 25 through May 29.

The following complaints were filed:

--Robert K. Anderson Sr. and Terri Anderson of Wisconsin claim Robert K. Anderson developed lung cancer after his work as a laborer at C.R. Meyers and Youg's in the 1980s, as an insulator at Combustion Engineer in 1967, as an insulator at Taylor Insulation in 1968 and as a cable splicer at Solarus from 1969 until 1999. TheAndersons are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-532.

--Patricia L. Duncan claims mesothelioma on behalf of her recently deceased husband, Charles Duncan, who worked from 1953 until 1980 as a carpenter and millwright at various locations. Patricia L. Duncan is represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of the O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-555.

--Annette Jarvis ofKansas claims her recently deceased husband, Richard J. Jarvis, developed lung cancer after serving in the U.S. Navy and working as a laborer at Union Pacific Railroad. Annette Jarvis is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-539.

--Rosalee Klataske of Missouri claims mesothelioma on behalf of her recently deceased father, Billy Lee Fast, a farmhand and factory worker at various locations from 1957 until 1976. Klataske is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-536.

--Mary E. Lemberger claims mesothelioma on behalf of her recently deceased husband, Jerome Lemberger, who served in the U.S. Navy from 1940 until 1946 as an electrician's mate and who worked as an electrical engineer at various locations from 1946 until 1982. Mary E. Lemberger is represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of the O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-l-533.

--Vincenzo LoGrasso ofCalifornia, a cook, chef, kitchen helper and restaurant owner/operator at various locations from 1968 until 2004,claims mesothelioma. LoGrasso is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-535.

--James Lombardi, a home builder, refrigerator and furnace cleaner, carpenter, box car cleaner and mechanic from 1960 until the 1980s, claims mesothelioma. Lombardi says he was also exposed to asbestos fibers through his father, who worked as an open hearth, grinder and chipper from 1925 until 1955. Lombardi is represented by Randy L. Gori of Gori, Julian and Associates inAlton. W. Mark Lanier, Patrick N. Haines, Angela B. Greenberg, Sam T. Richard, Bridget Baragona and Lauren H. Ware of The Lanier Law Firm inHouston will be representing him. Madison County Circuit Court case number: 09-L-549.

--Carlyle Pietro ofPennsylvania, an auto service man, carpenter, painter, laborer, shipping department clerk, foreman, sailor and storekeeper in the U.S. Navy from 1957 until 2000, claims mesothelioma. Pietro is represented by T. Barton French Jr. and Nate Mudd of French and Mudd inSt. Louis. Madison County Circuit Court case number: 09-L-548.

--Jason Smith ofTennessee claims his recently deceased father, Clayton Smith,developed mesothelioma after his work as an insurance and medical claims adjustor at various locations throughIllinois,Arizona,Iowa,California andTennessee from 1965 until 2000. Smith is represented by Timothy F. Thompson Jr. of SimmonsCooper in
East Alton. Madison County Circuit Court case number: 09-L-545.

--Robert G. Swaim ofArkansas, a fabricator, tester and analyzer from 1971 until 1975, claims mesothelioma. Swaim says he was also secondarily exposed to asbestos through his father, who worked as acarman from 1952 until 1961 and at various service stations from the late 1960s through the mid 1980s, and his mother, who worked at AT&T from 1966 until the late 1990s. Swaim is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-538.

--Larry Williams ofIllinois, an auto mechanic, forklift operator, line worker, machinist, industrial/auto repairman and laborer at various locations throughoutIllinois from 1964 through 2009, claims mesothelioma. Williams is represented by T. Barton French Jr. and Nate Mudd of French and Mudd inSt. Louis. Madison County Circuit Court case number: 09-L-537.

http://www.madisonrecord.com/news/219491-11-new-asbestos-cases-filed-may-25-29-in-madison-county

 
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California – Asbestos Trades – $10 Million Mesothelioma Verdict

Calif. appeals court: Blaming Navy for asbestos is OK

FRIDAY, JUNE 04, 2010 11:14:00 AM

BY JOHN O'BRIEN

SAN FRANCISCO (LegalNewsline) - Blame can be placed on the U.S. Navy forasbestos exposure, aCalifornia appeals court ruled Thursday.

The decision came after one of 17 entities that could have been ordered to pay a percentage of damages in an asbestos lawsuit appealed the exclusion of the Navy. Ulysses Collins died in 2005 ofmesothelioma and worked in naval shipyards from 1960-73 and 1976-94.

A jury allocated 20 percent of fault to Plant Insulation Company, which appealed to the state First District Court of Appeals. The overall verdict is worth $10 million.

"Plant argues the Navy's immunity is essentially one from suit and does not mean the service owes no duty of care as to its enlisted personnel and civilian employees and thus cannot be characterized as a 'tortfeasor' for purposes of Proposition 51," the decision says.

"Plaintiffs contend sovereign immunity is based on the historical adage 'the King can do no wrong' and therefore the Navy's actions cannot be 'wrongful' and thus no 'fault' can be allocated to the service.

"We agree with Plant and conclude the Navy is properly included among those entities to which fault may be apportioned in an asbestos case."

Attorney Mark Behrens of Shook Hardy & Bacon said having the Navy on the verdict form is "significant."

"My understanding is thatCollinswas an outlier and that mostCalifornia courts have listed the Navy on verdict sheets in asbestos cases," Behrens said.

"The appellate court's decision thus settles the practice and prevents other trial courts from going awry in the future."

Fifteen percent of blame was attributed toFibreboard, 5 percent to Chevron/Standard Oil, 30 percent to Owens-Corning Fiberglas/FENCO/Kaylo, and 30 percent to Johns-Manville/Western Asbestos/Western MacArthur.

The court wrote the Navy is "immune from liability" in the case because of an exception to the Federal Tort Claims Act that bars actions based on the federal government's alleged negligence in using asbestos on ships.

From LegalNewsline: Reach John O'Brien by e-mail at jobrienwv@gmail.com.

 

http://www.legalnewsline.com/news/227455-calif.-appeals-court-blaming-navy-for-asbestos-is-ok

 
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California – Asbestos Trades – Asbestos Mesothelioma Lawsuit

13 new asbestos cases filed inMadisonCountyMay 11-15
6/1/2009 11:54 AM By Kelly Holleran

A total of 13 new asbestos suits were filed in Madison County Circuit Court during the week of May 11 through May 15.
The following complaints were filed:

--Frank and Barbara Anne Autry ofCalifornia claim Frank Autrydeveloped mesothelioma after his work as a plumber, water well driller and welder from 1970 until 1972. The Autrys claim Frank Autry also performed home reconstruction work in 1981 and worked at a shipyard for Oakland Naval Supply from 1983 until 1984. The Autrys 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-497.

--Jorge Cardenas ofNew Jersey claims his recently deceased wife, Raysa Cardenas, developed mesothelioma after her work as a gate agent at Continental Airlines from 1988 until 2008. She was also secondarily exposed to asbestos through her father, who worked at a local auto parts store, according to the complaint. Jorge Cardenas is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-485.

--Edna Cordy claims her recently deceased husband, Lee L. Cordy, developed mesothelioma after his work as an apprentice operating crane engineer, residential construction worker and auto mechanic worker from 1947 through 2003. Edna Cordy is represented by Randy L. Gori of Gori, Julian and Associates inAlton. W. Mark Lanier, Patrick N. Haines, R. Craig Bullock, Erik P. Karst and Sara A. Morton of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-418.

--William Downey ofKentucky, an operator and factory worker from 1973 until 1994, claims lung cancer. Downer is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-494.

--Joseph and Amalia Horvath ofOhio claim Joseph Horvath developed mesothelioma after his work as a box assembler, laborer, maintenance worker, roofer and tool and dye worker from 1958 until 2000. Joseph Horvath says he also conducted his own home and auto maintenance repairs. The Horvaths are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-484.

--Ralph W. Millsaps ofColorado, a handyman, farmer, meatcutter, machinist, sheet metal worker, welder, heavy equipment mechanic, maintenance man, freelance auto mechanic and handyman from 1952 until 1985, claims mesothelioma. Millsaps is represented by Randy L. Gori of Gori, Julian and Associates inAlton. 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: 09-L-495.

--Carleties Mitchell ofIllinois, a laborer, mechanic and truck driver from 1955 until 1990, claims lung cancer. Mitchell is represented by Myles L. Epperson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-481.

--Jean Nagy ofMichigan claims her recently deceased father, John Bunjac, developed mesothelioma after his work as a design engineer at various locations throughoutIllinois,Missouri,Michigan andKentucky from 1936 until 1992. Nagy is represented by Randy S. Cohn of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-482.

--Paul Post ofArkansas, a welder from 1944 until 1990, claims mesothelioma. Post is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-492.

--Robert E. Shelton ofArkansas, a laborer at various locations from 1951 until 1967, claims lung cancer.Shelton is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-493.

--Donna Teague ofKentucky claims her recently deceased father, Isaac Moore, developed lung cancer after his work as a laborer and mechanic from 1950 until 1984. Teague is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-496.

--Vera Jean Trammell-Wallace ofMontana claims her recently deceased husband, Russell Wallace, developed mesothelioma after his work as a rigger, coppersmith and pipefitter at various locations from 1942 until 1985. Trammell-Wallace is represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-491.

--John Zeller ofFlorida, a nurse and administrator at various locations throughout theUnited States from 1962 until 1981, claims mesothelioma. Zeller is represented by Brian J. Cooke of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-488.

http://www.madisonrecord.com/news/219292-13-new-asbestos-cases-filed-in-madison-county-may-11-15

 
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California – Asbestos Exposure – $12.1 Million Mesothelioma Award

U.S. Navy Machinist's Mate Awarded $12.1M in 1960s Asbestos-Exposure Case

 

LOS ANGELES - May 11, 2009 - AnLA County jury has awarded$12.1 million to a U.S. Navy serviceman who was exposed to asbestos during a single tour of duty in the early 1960s.

The plaintiff in the case is Charles H.Cundiff, a 66-year-old retiredtruck driver who is terminally ill withmalignant pleuralmesothelioma. Mesothelioma is an insidious disease with asingel known cause: asbestos exposure. Mr.Cundiff's exposure occurred during his time as amachinist's mate aboard theUSS Kitty Hawk from 1962 to 1966.

 

The verdict was announced on May 6, after five days of jury deliberation. Mr.Cundiff wasawarded $10 million for pain and suffering and $506,000 in economic damages for lost wages. His wife, Glenda "Joyce"Cundiff, wasawarded $1.5 million for loss of consortium.

 

The jury foundmanufacturer John Crane, Inc. and supplier Lone Star Industries liable for both defective products and failure to warn.John Crane was assessed 5 percent liability;Lone Star was assigned 19 percent.

 

Lead trial attorney Gary M. Paul called the verdict notable, saying, "Today's verdict, right on the heels of theHaupt verdict, demonstrates that theTaylor decision does not result in justice being denied to the asbestos-exposed plaintiff. On the contrary, the jury found fault with both manufacturer and supplier, and not just for defective product, but also for failure to warn. This demonstrates that a strong case with clear product ID can extend the scope of responsibility to all vendors in the supply chain, including third parties, who knowingly provide harmful products to unsuspecting consumers."

 

The decision by theCalifornia Court of Appeal in Taylor vs.Crane Co. releases manufacturers from a duty to warn of thedangers of asbestos-containing components used in their products if those subcomponents are manufactured or supplied by a third party.

 

Mr.Cundiff was too ill to take the witness stand. His testimony was presented viadepostion, in which he detailed his work aboard theUSS Kitty Hawk during a four year tour of duty which included a nine month overhaul in thePuget Sound Naval

 

Shipyard. This work involved cleaning, repairing and replacingvalves,pumps,gaskets,packings and the use ofInsulag insulating cement in the No. 2 and No. 4engine rooms. It was dirty and dusty work that generated large amounts ofasbestos dust that he breathed with no protection.

 

The close-up work allowed him to recall product brand names stamped into the components.John Crane Inc. was among the product names he encountered. He also recalled seeing trucks with thePioneer Sand & Gravel name pulling into thePuget Sound Naval Shipyard carrying bags ofInsulag. Pioneer, a predecessor ofLone Star Industries, was a supplier ofInsulag, anindustrial insulation product used widely at the time.

 

The defense attempted to discredit Mr.Cundiff by asserting thatInsulag was not used in the overhaul of theKitty Hawk, and in fact, was not among the approved products that appeared on the Qualified Products List - or QPL - published by the U.S. Department of Defense (DoD). In addition, the defense claimed, hadInsulag been delivered to the site, it would not have been delivered in the manner described by Mr.Cundiff.

 

The testimony proved otherwise. During cross-examination, defense expert Thomas McCaffrey admitted that, in fact, there was noDoD Qualified Products List in existence at the time of Mr.Cundiff's service. Additionally, a rebuttal witness - who worked at theshipyard for nearly two decades and had not known Mr.Cundiff - corroborated thesailor's recollection of the manner in which theInsulag product was used, as well as deliveries toPuget Sound Naval Shipyard by Pioneer trucks.

 

WKP partner MikeArmitage commented, "Mr.Cundiff's recollection of brands and suppliers was sharp, honest, and in the end, indisputable. CharlesCundiff'sintergrity won the day. His courage and tenacity give hope to otherNavy families facing the deadly course ofmesothelioma due to asbestos exposure."

 

About Waters Kraus & Paul

Waters Kraus & Paul is the West Coast practice of Waters & Kraus, LLP - a nationally recognized plaintiffs' firm concentrating on complex product liability and personal injury/wrongful death cases,particulary asbestos-mesothelioma. In addition to toxic tort litigation, the firm's diverse practice includes pharmaceutical productliabilty, negligence, elder financial abuse, and consumer product liability, as well as qui tam (whistle-blower) and commercial litigation. With offices in California, Texas, and Maryland, Waters & Kraus has litigated cases in jurisdictions across the United States on behalf of individuals from all 50 states, as well as foreign governments.


Press Contact:
Brandy Dietz
222 North Sepulveda Boulevard, Suite 1900
El Segundo,CA90245


bdietz@waterskraus.com
800-226-9880
http://www.waterskraus.com

 

http://www.pressreleasepoint.com/us-navy-machinist039s-mate-awarded-121m-1960s-asbestosexposure-case

 
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California – Asbestos Litigation –Rise in Asbestos Cases

Delaware, California new prime targets for asbestos plaintiffs
4/30/2009 12:30 PM By Staff Reports 

During a recent interview with a reporter, Lester Brickman recalled an old television western from days gone by called "Have Gun-Will Travel."

"The main character was named Paladin and his logo was 'have gun-will travel,'" Brickman recalled. "It would start with a little ditty and the title and such. Well, that's kind of like the plaintiffs' lawyers logo now. 'Have case-Will travel. We will go wherever we have the friendliest courts, laws and juries.'"

The assessment, coming as it did from Brickman, is particularly relevant in the aftermath of the Nolan v. Weil-McLain decision by the Illinois Supreme Court earlier this month.

Brickman is a law professor at the prestigious Benjamin N. Cardozo School of Law inNew York and is widely recognized as the foremostasbestos litigation scholar in the country.

Though the ripples from the splash in the Nolan case will roll across asbestos litigation for years to come, many legal professionals expect it to, at the veryleast, dent the reputation of plaintiff friendly jurisdictions inIllinois, such asMadisonCounty.

Some, likeChicago defense attorney EdwardMcCambridge who was the prime mover on the Nolan case, believe the decision could likely have plaintiffs' lawyers in search ofa other locations.

"It will definitely makeIllinois not as attractive as it once was,"McCambridge said of the Nolan ruling. "There is no questionIllinois loses that stigma. I would suspect people might choose other venues."

Brickman said the full impact remains to be seen, but he suspects the ready-to-travel asbestos plaintiffs' lawyers will not hesitate to move if necessary. Just as tort reform legislation radically slowed many states that were once home to thousands upon thousands of asbestos cases, the latest rulings could again force a shift, he said.

"Having lost the friendly venues inTexas andMississippi, they are already looking for other venues," Brickman said. "They have planted a flag inDelaware, where Vice President Joe Biden's son is involved in attempting to makeDelaware a friendly court for asbestos cases. Another isSouthern California where there is arise in asbestos cases."

As legal landscape shifts inIllinois,Delaware andCalifornia will continue their recent growth in the number of cases filed. But just as each state has its own unique appeal,Illinois, even in the aftermath of the Nolanruling, is not likely to lose its luster as a preferred venue for asbestos lawsuits.

Go West (or East)

The Nolan case caused a tremor through Illinois asbestos dockets because it in essence reversed the so-calledLipke Rule that prevented defendants in asbestos cases from introducing evidence of the plaintiff's other exposure related to other defendants who previously settled the case.

As David Holmes and Anthony MichaelGoldner, attorneys at theChicago firm of WilsonElser, explained, "Illinois was the only state in the country to have had a rule with a blanket prohibition against all evidence pertaining to the negligence of non-parties."

Defense attorneys likeMcCambridge andGoldner say the ruling will encourage more defendants to avoid settling a case and take their chances in trial.McCambridge said the possibility of a trial alone may be enough to send plaintiffs' attorneys on the move in search of a friendlier venue.

As Brickman mentioned,Delaware has emerged in recent years as a very popular venue, particularly since Democratic Attorney General Beau Biden took office.

A USA Today story in 2008 noted that the younger Biden was a partner in a Delaware law firm "that was filing asbestos lawsuits and seeking to develop a specialty in that area," at the same time his father, then a Delaware senator worked to kill a "bipartisan bill designed to curb asbestos lawsuits," according to the report.

TheBidens' campaign accounts have benefited from large donations by trial lawyers and their related political action committees. According to the Center for Responsive Politics, employees at three law firms that specialize in asbestos litigation were among Beau Biden's top 10 all-time contributors.

In addition toDelaware's loyal Democratic Party voting base and liberal courts, the state is attractive to plaintiffs' attorneys because of attractive corporation laws. Most major companies have an office inDelaware, which makes it almost impossible for defense attorneys to challenge the convenience of the venue.

California has its own unique attractions for plaintiffs, most notably its liberal civil courts that give plaintiffs a generous home-field advantage. Civil Justice Association of California has sponsored legislation in recent years designed to balance the scales for defendants in court. Despite some victories, Executive Director John Sullivan said the courts have made the state one of the least attractive in the country for businesses.

During the state's recent budget woes in which the deficit topped $40 billion and the state controller began issuing IOUs instead of payments, Sullivan urged the governor and the Legislature to adopt tort reform in the hopes of stemming the tide of lawsuit-weary businesses fleeing the state and taking their jobs with them.

"As economic conditions improve, companies will have the opportunity to decide whether to restore jobs here or elsewhere," Sullivan said. "Legislators should stop our litigation climate from blocking the sunshine of jobs and paychecks for thousands of Californians."

In addition to the political environment, recent legal rulings have opened the door to new asbestos lawsuits. In a 2005 case, Kinsman v. Unocal, theCalifornia Supreme Court tore down the barrier for independent contractors to sue in premise liability cases. Prior to that decision,California businesses had been able to avoid liability by establishing that they did not retain control over the safety conditions of the work done by independent contractors, according to a report in Los Angeles Lawyer.

"Premise defendants now face an expanded analysis when assessing their potential liability in asbestos actions," the story reported.

The comforts of home

While plaintiffs' lawyers will surely continue to increase the number of cases filed in places like Delaware and California, Illinois still offers certain advantages that could outweigh the defeat of theLipke Rule, specifically in premise liability cases like those now increasing in California.

Brickman called premise liability a "growth area" for plaintiffs' lawyers.

"The premises cases are a growth area -- trying to sue the premises owners for people who worked or used the premises and could attribute their illness to the exposure of the premises. That's an expanding area," he said.

As Chicago Law Professor Richard Epstein pointed out, premise liability cases have greatly widened the pool of defendants by including any building where asbestos exposure might have been possible.

With many of the prominent users of asbestos bankrupt from hundreds of thousands of lawsuits filed in the 1980s and 1990s, Epstein said plaintiff attorneys have widened the circle of those they can sue.

"Background conditions are surely being treated as though they were industrially caused," Epstein said. "Standard workers compensation law holds that occupational diseases have to be distinguished from diseases of life. Everyone has some gunk accumulated from living, and if all this is attributable to the named defendants, everyone is a plaintiff, so that the industrial connection is lost, which means that no one is ever safe."

Premise liability lawsuits that use these "background conditions" for the basis of their case, can benefit fromIllinois joint-and-several liability laws, which in essence make all defendants found to be liable, wholly liable for the settlement. So in cases where several companies settle, those who go to court remain 100 percent liable even if the amount of exposure is minimal compared to others who already settled or are already bankrupt.

"As the circle goes wider, there are more people in each circle so thatjoinder becomes more critical, as does the rule that anyone who is responsible for one iota is responsible for the whole loss if others are insolvent," Epstein said.

Defense attorneys have argued in court that such cases have served to create a situation of "limitless liability" in some states. But thereinlies the rub for scholars like Brickman, who point to the verifiable limited number of people who become ill because of asbestos exposure.

"You have somewhere around 1,800 to 2,000 people a year who contractmesothelioma," Brickman said. "Medical science indicates that at least 20 percent of themesothelioma cases do not have a record of asbestos exposure."

Despite those limits, asbestos lawsuits show no sign of slowing anytime soon. Lawyers have their cases, and they will travel, if necessary to find a favorable venue for a settlement of a jury award. Just how much they have to travel will likely be determined in the future, according toMcCambridge.

"The key to this whole thing is it changes the nature of asbestos trials,"McCambridge said of the Nolan ruling. "It seems really kind of basic, but it does change the nature of the way a case is tried inIllinois. It will take a while to sort out how judges will deal with this, because they aren't used to dealing with it. But I think it will have a real impact on how cases proceed from now on."

 

http://www.madisonrecord.com/news/218752-delaware-california-new-prime-targets-for-asbestos-plaintiffs

 
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California – Asbestos Trades – Asbestos Mesothelioma Lawsuit

16 asbestos claims filed April 6-10 inMadisonCounty
4/29/2009 7:00 AM By Kelly Holleran 

A total of 16 new asbestos suits were filed in Madison County Circuit Court during the week of April 6 through April 10.

The following claims were filed:

--Anthony and Carol Aemmer ofIndiana claim Anthony Aemmer developedmesothelioma after his work as a laborer, firefighter and oiler from 1964 until 2002. The Aemmers are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-361.

--Suzanne Allen ofGeorgia claims mesothelioma on behalf of her recently deceased husband, Gareth Allen, who worked from 1968 until 2009 as a carpenter, machinist mate, mechanic, pipefitter and plumber at various locations throughoutIllinois,Georgia,Alaska,CaliforniaandColorado. Allen is represented by Randy S. Cohn of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-358.

--William Allen Sr. ofIllinois, a brick mason, paint coordinator, mechanic and general laborer at various locations throughoutIllinois from 1950 until 1998, claims mesothelioma. Allen is represented by Myles L. Epperson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-347.

--Marcel Bernier ofFlorida, a pipefitter and sheet metal worker at various locations from 1949 until 1993, claims lung cancer. Bernier is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-352.

--Betty Christian ofMichigan claims her recently deceasedhusband, Ronald Christian developed mesothelioma after his work as a mechanic, stock man and laborer at various locations. Betty Christian is represented by Shane F. Hampton and Paul M. Dix of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-346.

--Jayme Chu ofUtah claims mesothelioma on behalf of recently deceased James S. Holloway, who was in the Navy and Air Force and who worked for the Salt Lake Sewer District, Hercules Incorporated and Sinclair Oil Corporation.Chu is represented by Michael R. Bilbrey and Timothy P. Hulla of the Law Offices of Michael R. Bilbrey in Edwardsville. Madison County Circuit Court case number: 09-L-371.

--Rodney D. Halterman and Lynn Cummings claim Rodney Halterman developed mesothelioma after his work from 1971 until 2008 for Toledo Plastics, Cleveland Cliffs, Kelsey Hayes and The Oglebay Norton Company. Halterman is represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-368.

--Charles Handy ofAlaska, an assistant machinist and a laborer at various locations inAlabama,Texas,Washington,Georgia,Mississippi,Louisiana andAlaska from 1940 until 1991, claims mesothelioma. Handy is represented by G. Michael Stewart and Jill Price of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-355.

--Pamela J. and Robert Lambert Sr. ofMaryland claim Pamela J. Lambert developed lung cancer after her exposure to asbestos fibers through her husband's work as a laborer at Armco Steel from 1965 until 1993. The Lamberts are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-357.

--Glen and Lois Lewis ofIllinois claim Glen Lewis developed lung cancer after his work for the U.S. Army, NORGE, Ray Summer Appliance, Valley Steel, Lewis Plumbing and Electric, T.T. Top Drilling Co., Fedders andNorthClaySchool from 1951 until 1993. They are 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-350.

--Elizabeth Randolph ofMissouri claims lung cancer on behalf of her recently deceased husband, Samuel Lee Randolph, who worked from 1960 until 2006 as a laborer at Ford Motor Company.Randolph is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-370.

--Jack Romaker ofArizona, a laborer, mechanic, truck driver and inspector from 1943 until 1988, claims mesothelioma. Romaker is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-362.

--Donald Schaff ofWisconsin, a ratchet man, truck driver, section crew member and member of the Teamsters Local 200 from 1944 until 1989, claims mesothelioma. Schaff is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-363.

--Charles Telle ofMissouri, a laborer, mechanic, meat cutter, owner and operator of a mowing operation and auto salvage yard and brush cutter at various locations throughoutIllinois andMissouri from 1960 until 1996, claims mesothelioma. Telle is represented by G. Michael Stewart and Jill Price of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-367.

--Audrey and Louise Wagner ofIllinois claim Audrey Wagner developed mesothelioma after his work as a teacher and as a laborer from 1957 until 1977. The Wagners are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-356.

--Dorothy Zych of Indiana, a cashier, sales clerk, manager and receptionist from 1951 until 2009, claims mesothelioma. Zych says she was also exposed to asbestos fibers through her ex-husband who worked from 1952 until 1956 as an airplane mechanic and from 1956 until 1975 as a truck driver, according to the complaint. Her father also brought asbestos fibers home from his work at U.S. Steel in the 1940s, the suit states. Zych is represented by G. Michael Stewart and Jill Price of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-366.

http://www.madisonrecord.com/news/218712-16-asbestos-claims-filed-april-6-10-in-madison-county

 
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California – Asbestos Trades –Mesothelioma Lawsuit

15 new asbestos claims filed April 13-17
4/29/2009 6:56 AM By Kelly Holleran

A total of 15 newasbestos suits were filed in Madison County Circuit Court during the week of April 13 through April 17.

The following claims were filed:

--Imogene Baldwin ofAlabama claims lung cancer on behalf of her recently deceased husband, Earl Baldwin Jr., who worked from 1952 until 1980 as a welder at various locations. Imogene Baldwin is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-391.

--Mary Boston ofIllinois claims lung cancer on behalf of her recently deceased husband, Gerald Boston, who worked from 1948 until 1985 as a boiler installer, lab technician, insurance agent and police officer at various locations. Mary Boston is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-389.

--Kathleen Crank ofOhio, a hair dresser and laborer from 1960 until 1974, claims mesothelioma. She says she was also exposed to asbestos fibers through her father who worked as an assembly line worker and as a pipe fitter from 1950 until 1980. Crank's older sister, who worked from 1965 until 1968 as an assembly line worker, and her other sister, who worked from 1967 until 1970 as an assembly line worker, also brought asbestos home on their clothing, the suit states. Crank was also exposed to asbestos fibers through her first husband, who worked as a laborer from 1970 until 1974, through her second husband, who worked at Valley Systems, and through her son, who worked as a laborer, according to the complaint. Crank is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-375.

--Rita Foley ofMissouri claims mesothelioma on behalf of her recently deceased husband, Michael Foley, who worked from 1976 until the 1990s as a drywall installer and laborer. Rita Foley is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-376.

--William Frederick ofColorado claims mesothelioma on behalf of his recently deceased wife, Deborah L. Frederick. She was secondarily exposed to asbestos through William Frederick, who worked as a laborer from 1960 until 1980, according to the complaint. William Frederick is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-377.

--Troy E. Hefner ofIllinois, a mechanic and forklift mechanic from 1987 until 2003, claims lung cancer. Hefner 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-373.

--Dan Lee Ingham ofTexas, a laborer and member of the Ironworker's Local 433 from 1947 until the 1970s, claims mesothelioma. Ingham is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-385.

--Karen Jacobs ofTexas claims mesothelioma on behalf of her recently deceased father, John Laufhutte, who worked from 1960 until 2005 as a mechanic, auditor, computer signer and general manager at various locations throughoutIllinois andOhio. Jacobs is represented by Randy S. Cohn of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-387.

--Helen and Gary Lucas ofFlorida claim Helen Lucas developed mesothelioma after her work from 1952 until the early 1980s as a nurse in training, waitress and laborer at various locations throughoutIllinois,Michigan andAlabama. They are represented by Christopher R. Guinn, Christopher J. Levy, Perry J. Browder and John A. Barnerd of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-386.

--Delores and Donald McMullen ofMichigan claim Delores McMullen developed mesothelioma after her work as an office worker, data processor, secretary, finance department laborer and financial officer from 1960 until 2007. She was also exposed to asbestos fibers through her husband, who worked as a die caster, driver, supervisor and maintenance worker from 1960 until 1999, according to the complaint. The McMullens are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-374.

--Shirley Rice ofMichigan, a secretary and business owner at various locations throughoutIllinois andMichigan from 1948 until 1998, claims mesothelioma. Rice says she was also exposed to asbestos fibers through her father, who worked as a laborer at Ford Motor Company from 1929 until 1959. Rice is represented by Myles L. Epperson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-384.

--Roosevelt and Opal Samuel of Texas claim Roosevelt Samuel developed mesothelioma after his work as a laborer in the U.S. Army and as a laborer at B&B Insulation, Tubes Corp., Insulation Sales and Services and Econotherm from 1953 until 2007. The Samuels are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-381.

--John Chandler Smith of Utah, a mechanic and truck driver at various locations throughoutIllinois,California,Nevada andUtah from 1952 until 2002,claims mesothelioma. Smith is represented by G. Michael Stewart and Jill Price of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-382.

--Craig Wisnan claims mesothelioma on behalf of his deceased client, Elisa Fuentes, who worked from 1945 until 1987 as a retail clerk at various locations. She was also exposed to asbestos fibers through her family member, Gilbert Fuentes, who worked from 1942 until the 1980s as a pipe fitter and truck driver at various locations, Elisa Fuentes's attorney, Wisnan, claims. Wisnan is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-388.

--Merton Yeomans of Illinois, a radar operator, loader and electrical inspector at various locations through Illinois, Indiana and South Carolina from 1943 until 1986, claims mesothelioma. Yeomans is represented by Myles L. Epperson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-383.

http://www.madisonrecord.com/news/218711-15-new-asbestos-claims-filed-april-13-17

 
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Los Angeles – Asbestos Exposure – $1.4 Million Mesothelioma Award

U.S. Navy Widow Awarded $1.4M in Long-Term Asbestos-Exposure Case

LOS ANGELES - April 24, 2009 - AnLA County jury has awarded $1.4 million to the widow of a career U.S. Navy serviceman whodevelopedmesothelioma as a result of asbestos exposure aboard naval vessels. The seaman served his entire two-decade career - from 1959 through his retirement in 1980 - as a machinist's mate.

The verdict, which awarded the family of Earl OgleHaupt, III $450,861 in economic damages, and $1.0 million for loss of consortium, was announced on April 21.

Mr.Haupt's job involved maintaining, repairing and overhauling pumps, valves and mechanical systems within naval steam propulsion systems, as well as their myriad asbestos-containing component parts aboard the USS Intrepid, USS Essex, and USSGurke. The work exposed him 8-10 hours daily over many years to massive volumes of asbestos dust in tight, unventilated quarters.

Via video deposition, Mr.Haupt recalled in sharp detail the types and brands of valves, pumps, gaskets, packing, and insulation he handled, as well as the precise processes he followed to remove, repair, and re-install equipment components aboard ship. He remembered breathing copious amounts of dust without any type of protective breathing apparatus and no knowledge that the dust was deadly, despite having read numerous instruction sheets and product manuals over the course of his career. Had he known of the hazard, he recounted, he certainly would have heeded the warning to protect his health, and ultimately, his life.

The jury found ElliottTurbomachinery Co., Inc.,Crane Co., and John Crane, Inc. liable fordefective product design.

"We're pleased for the family," said WKP attorney and lead trial counsel BrentZadorozny. "Navy asbestos-exposure cases are always challenging, but this one was especially so in light of the recentTaylor decision."

The decision by theCalifornia Court ofApeal in Taylor vs. Crane Co., handed down just last month, releases manufacturers from a duty to warn of the dangers of asbestos-containing components used in their products if those subcomponents are manufactured or supplied by a third party.

WKP partner Gary Paul explained, "Taylor letsmanufacturers off the hook for what they have known about the dangers of asbestos since the 1940s, but were reticent to share for decades with unknowing consumers."

"Even in cases where the manufacturer's product design calls specifically for an asbestos-based component, the appellate court has decided that the maker has no duty to warn the consumer of the subcomponent or its lethal effects, and can not be found negligent for that failure to warn. It's taken the concept of 'consumer beware' to a new, dangerous extreme," Mr. Paul continued.

"In the end, justice prevailed," said Mr.Zadorozny. "Mrs.Haupt is grateful to the jury for sorting through the subtleties of the law and holding these defendants accountable for her husband's devastating illness and cruel death," said Mr.Zadorozny.

Earl O.Haupt, III died in December 2006 at the age of 66, after 20 years and six months of honorable service to the Navy, and less than six months after being diagnosed with malignant pleuralmesothelioma. He and his wife were raising two young grandchildren, ages 4 and 8, at the time of his death.

About Waters Kraus & Paul

Waters Kraus & Paul is the West Coast practice of Waters & Kraus, LLP - a nationally recognized plaintiffs' firm concentrating on complexproduct liability and personal injury/wrongful death cases, particularly asbestos-mesothelioma. In addition to toxic tort litigation, the firm's diverse practice includes pharmaceutical product liability, negligence, elder financial abuse, and consumer product liability, as well as qui tam (whistle-blower) andcommercial litigation. With offices inCalifornia,Texas, andMaryland, Waters & Kraushas litigated cases in jurisdictions across

Press Contact:
Brandy Dietz
222 North Sepulveda Boulevard, Suite 1900
El Segundo,California90245

bdietz@waterskraus.com
800-226-9880
http://www.waterskrauspaul.com

 

http://www.pressreleasepoint.com/us-navy-widow-awarded-14m-longterm-asbestosexposure-case

 
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California – Asbestos Exposure – $1.4 Million Mesothelioma Award

U.S. Navy Widow Awarded $1.4M in Long-Term Asbestos-Exposure Case

LOS ANGELES - April 24, 2009 - An LA County jury has awarded $1.4 million to the widow of a career U.S. Navy serviceman whodevelopedmesothelioma as a result of asbestos exposure aboard naval vessels. The seaman served his entire two-decade career - from 1959 through his retirement in 1980 - as a machinist's mate.

The verdict, which awarded the family of Earl OgleHaupt, III $450,861 in economic damages, and $1.0 million for loss of consortium, was announced on April 21.

Mr.Haupt's job involved maintaining, repairing and overhauling pumps, valves and mechanical systems within naval steam propulsion systems, as well as their myriad asbestos-containing component parts aboard the USS Intrepid, USS Essex, and USSGurke. The work exposed him 8-10 hours daily over many years to massive volumes of asbestos dust in tight, unventilated quarters.

Via video deposition, Mr.Haupt recalled in sharp detail the types and brands of valves, pumps, gaskets, packing, and insulation he handled, as well as the precise processes he followed to remove, repair, and re-install equipment components aboard ship. He remembered breathing copious amounts of dust without any type of protective breathing apparatus and no knowledge that the dust was deadly, despite having read numerous instruction sheets and product manuals over the course of his career. Had he known of the hazard, he recounted, he certainly would have heeded the warning to protect his health, and ultimately, his life.

The jury found ElliottTurbomachinery Co., Inc.,Crane Co., and John Crane, Inc. liable fordefective product design.

"We're pleased for the family," said WKP attorney and lead trial counsel BrentZadorozny. "Navy asbestos-exposure cases are always challenging, but this one was especially so in light of the recentTaylor decision."

The decision by theCalifornia Court ofApeal in Taylor vs. Crane Co., handed down just last month, releases manufacturers from a duty to warn of the dangers of asbestos-containing components used in their products if those subcomponents are manufactured or supplied by a third party.

WKP partner Gary Paul explained, "Taylor letsmanufacturers off the hook for what they have known about the dangers of asbestos since the 1940s, but were reticent to share for decades with unknowing consumers."

"Even in cases where the manufacturer's product design calls specifically for an asbestos-based component, the appellate court has decided that the maker has no duty to warn the consumer of the subcomponent or its lethal effects, and can not be found negligent for that failure to warn. It's taken the concept of 'consumer beware' to a new, dangerous extreme," Mr. Paul continued.

"In the end, justice prevailed," said Mr.Zadorozny. "Mrs.Haupt is grateful to the jury for sorting through the subtleties of the law and holding these defendants accountable for her husband's devastating illness and cruel death," said Mr.Zadorozny.

Earl O.Haupt, III died in December 2006 at the age of 66, after 20 years and six months of honorable service to the Navy, and less than six months after being diagnosed with malignant pleuralmesothelioma. He and his wife were raising two young grandchildren, ages 4 and 8, at the time of his death.

About Waters Kraus & Paul

Waters Kraus & Paul is the West Coast practice of Waters & Kraus, LLP - a nationally recognized plaintiffs' firm concentrating on complexproduct liability and personal injury/wrongful death cases, particularly asbestos-mesothelioma. In addition to toxic tort litigation, the firm's diverse practice includes pharmaceutical product liability, negligence, elder financial abuse, and consumer product liability, as well as qui tam (whistle-blower) andcommercial litigation. With offices inCalifornia,Texas, andMaryland, Waters & Kraushas litigated cases in jurisdictions across

Press Contact:
Brandy Dietz
222 North Sepulveda Boulevard, Suite 1900
El Segundo,California90245

bdietz@waterskraus.com
800-226-9880
http://www.waterskrauspaul.com

 

http://www.pressreleasepoint.com/us-navy-widow-awarded-14m-longterm-asbestosexposure-case

 
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Pleural Mesothelioma – Asbestos Products – $1.4 Million Mesothelioma Award

U.S. Navy Widow Awarded $1.4M in Long-Term Asbestos-Exposure Case

LOS ANGELES - April 24, 2009 - An LA County jury has awarded $1.4 million to the widow of a career U.S. Navy serviceman whodevelopedmesothelioma as a result of asbestos exposure aboard naval vessels. The seaman served his entire two-decade career - from 1959 through his retirement in 1980 - as a machinist's mate.

The verdict, which awarded the family of Earl OgleHaupt, III $450,861 in economic damages, and $1.0 million for loss of consortium, was announced on April 21.

Mr.Haupt's job involved maintaining, repairing and overhauling pumps, valves and mechanical systems within naval steam propulsion systems, as well as their myriad asbestos-containing component parts aboard the USS Intrepid, USS Essex, and USSGurke. The work exposed him 8-10 hours daily over many years to massive volumes of asbestos dust in tight, unventilated quarters.

Via video deposition, Mr.Haupt recalled in sharp detail the types and brands of valves, pumps, gaskets, packing, and insulation he handled, as well as the precise processes he followed to remove, repair, and re-install equipment components aboard ship. He remembered breathing copious amounts of dust without any type of protective breathing apparatus and no knowledge that the dust was deadly, despite having read numerous instruction sheets and product manuals over the course of his career. Had he known of the hazard, he recounted, he certainly would have heeded the warning to protect his health, and ultimately, his life.

The jury found ElliottTurbomachinery Co., Inc.,Crane Co., and John Crane, Inc. liable fordefective product design.

"We're pleased for the family," said WKP attorney and lead trial counsel BrentZadorozny. "Navy asbestos-exposure cases are always challenging, but this one was especially so in light of the recentTaylor decision."

The decision by the California Court ofApeal in Taylor vs. Crane Co., handed down just last month, releases manufacturers from a duty to warn of the dangers of asbestos-containing components used in their products if those subcomponents are manufactured or supplied by a third party.

WKP partner Gary Paul explained, "Taylor letsmanufacturers off the hook for what they have known about the dangers of asbestos since the 1940s, but were reticent to share for decades with unknowing consumers."

"Even in cases where the manufacturer's product design calls specifically for an asbestos-based component, the appellate court has decided that the maker has no duty to warn the consumer of the subcomponent or its lethal effects, and can not be found negligent for that failure to warn. It's taken the concept of 'consumer beware' to a new, dangerous extreme," Mr. Paul continued.

"In the end, justice prevailed," said Mr.Zadorozny. "Mrs.Haupt is grateful to the jury for sorting through the subtleties of the law and holding these defendants accountable for her husband's devastating illness and cruel death," said Mr.Zadorozny.

Earl O.Haupt, III died in December 2006 at the age of 66, after 20 years and six months of honorable service to the Navy, and less than six months after being diagnosed with malignantpleuralmesothelioma. He and his wife were raising two young grandchildren, ages 4 and 8, at the time of his death.

About Waters Kraus & Paul

Waters Kraus & Paul is the West Coast practice of Waters & Kraus, LLP - a nationally recognized plaintiffs' firm concentrating on complexproduct liability and personal injury/wrongful death cases, particularly asbestos-mesothelioma. In addition to toxic tort litigation, the firm's diverse practice includes pharmaceutical product liability, negligence, elder financial abuse, and consumer product liability, as well as qui tam (whistle-blower) andcommercial litigation. With offices inCalifornia,Texas, andMaryland, Waters & Kraushas litigated cases in jurisdictions across

Press Contact:
Brandy Dietz
222 North Sepulveda Boulevard, Suite 1900
El Segundo,California90245

bdietz@waterskraus.com
800-226-9880
http://www.waterskrauspaul.com

 

http://www.pressreleasepoint.com/us-navy-widow-awarded-14m-longterm-asbestosexposure-case

 
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California – Asbestos Trades – Mesothelioma Lawsuit

25 new asbestos cases filed inMadisonCountyFeb. 23-27
3/5/2009 12:45 PM By Kelly Holleran

A total of 25 new asbestos suits were filed in Madison County Circuit Court during the week of Feb. 23 through Feb. 27.

The following claims were filed:

--Jean Angell ofTennessee, a knitter, clerical worker, teacher and receptionist at various locations from 1970 until 2008, claimsmesothelioma. She is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0174.

--Wilma Frances Boswell ofMissouri claims lung cancer. She claims she was exposed to asbestos fibers through her husband, who was a steel worker at Granite City Steel from 1958 until 1980. Boswell 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-0176.

--Jeaneen Boyd of Arizona claims mesothelioma on behalf of her deceased father, Jaward Boyd, Sr., who worked from 1967 until 2000 as a communication systems worker, manager, supervisor of operations and planning, insurance agent, relief supervisor, engineer technician, engineer tech supporter, staff engineer and customer service representative at various locations through Arizona and Texas. Jeaneen Boyd is represented by Christopher R. Guinn and Christopher J. Levy of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0168.

--Frank Bury ofIllinois, a drill operator, laborer and nail maker at various locations from 1945 until 1986, claims lung cancer. He is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0162.

--Dewey and Brenda Cardwell ofNew Mexico claim Dewey Cardwell developed mesothelioma after his work from 1964 until 2008 as a mechanic, truck driver, laborer and salesman. Dewey Cardwell is represented by Shane F. Hampton, Paul M. Dix and Courtney Harashe of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0180.

--Glenna Combs of Michigan, a laborer for Enamelum from 1967 though 1968, an assembler atDeDoes from 1972 until 1989 and a laborer at Hughes Manufacturing from 1996 until 1997, claims mesothelioma. She claims she was also exposed to asbestos fibers through her father's work at Stainless Steel of America.Combs 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-0163.

--John Esayian ofWisconsin, a pin setter, janitor's helper, laborer, drafter, deaner and coroner at various locations throughoutIllinois from 1946 until 1997, claims mesothelioma. He was also exposed to asbestos fibers through his father, who worked as a core maker and laborer inMilwaukee from 1930 until 1967, according to the complaint. Esayian is represented by Nicholas J. Angelides of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0186.

--Frank Gallo ofCalifornia, a laborer, assembly line worker, grocery store manager, car salesman and car lot owner at various locations from 1954 until 2006,claims mesothelioma. He is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 08-L-0175.

--John Gant ofTexas, a laborer and carpenter at various locations throughoutIllinois,Texas andMississippi from the 1950s until the 1990s, claims mesothelioma. Gant is represented by John A. Barnerd and Randy S. Cohn of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0187.

--Kathryn George ofWisconsin, a nurse, nurse's assistant and mail sorter at various locations from 1959 until 1992, claims mesothelioma. She is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0173.

--Phyllis Gray ofIllinois claims colon cancer on behalf of her recently deceased husband, Billy W. Gray, who worked from 1953 until 1986 as a painter at various locations. Phyllis Gray is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0172.

--Jill Halter ofVirginia claims mesothelioma on behalf of her recently deceased father, Edmund Milauckas, who worked from 1950 until 1995 as an engineer and consultant at various locations throughoutIllinois. Halter is represented by Brian J. Cooke and Drew Sealey of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0184.

--Marjorie Horsley ofKentucky claims mesothelioma on behalf of her recently deceased father, Donald Horsley, who worked from 1953 until 2008 as a maintenance worker, laborer, utility worker and owner of a grocery store at various locations. Marjorie Horsley is represented by Shane F. Hampton and Paul M. Dix of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0179.

--Mildred Jordan ofFlorida claims lung cancer on behalf of her recently deceased husband, Ernest Jordan, who worked from 1957 until 1978 as an electrician at various locations. Mildred Jordan is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0171.

--Margaret Machingo ofVirginia claims mesothelioma on behalf of her recently deceased father, Wayne Cupp, who worked from 1967 until 1997 as a machinist at various locations. Machingo is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0169.

--Dixie McPherson of Virginia claims her recently deceased husband, Edward McPherson, developed mesothelioma after his work as a laborer from 1944 until 1986. Dixie McPherson is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0159.

--George Mikkola ofMassachusetts, a landscaper, computer system specialist and computer programmer from 1968 until 2008, claims mesothelioma. George Mikkola is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0161.

-Peter and Erma Nikkila ofMissouri claim Peter Nikkila developed mesothelioma after his work as a laborer from 1957 until 2006. The Nikkilas are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-0183.

--Tom J. O'Connor ofIllinois claims his recently deceased father, John J. O'Connor, developed mesothelioma after his work as an engineer and general foreman from 1962 until 1980. Tom J. O'Connor is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0158.

--Genevieve Robinson ofWashington claims her recently deceased husband, Alfred J. Robinson Jr., developed mesothelioma after his work from 1956 until 2004 as a roofer, riverter, carpenter, laborer, mechanic, machinist and engineer at various locations. Genevieve Robinson is represented by Robert Phillips and Perry J. Browder of SimmonsCooper of East Alton. Madison County Circuit Court case number: 09-L-0160.

--Terry and Kay Stephens ofMichigan claim Terry Stephens developed mesothelioma after his work as a fireman, boiler tender, laborer, boiler, turbine operator and maintenance man at various locations throughoutIllinois,Indiana andMichigan. The Stephens are represented by John A. Barnerd of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0181.

--William Sternberger ofIndiana claims mesothelioma on behalf of his recently deceased wife, Geraldine Sternberger, who worked from 1960 until 1962 as a dental assistant. William Sternberger is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0170.

--Frances Tinsley ofMichigan, a postal worker, sterilizer, cleaning service worker, security guard and clerk from 1968 until this year, claims mesothelioma. She is represented by Christopher R. Guinn, Christopher J. Levy, Perry J. Browder and John A. Barnerd of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0157.

--Helen Wallace ofMissouri claims lung cancer on behalf of her recently deceased husband, Dale Edwin Wallace, who worked at Ford Motor, Olin Glass and McDonnel Douglas. Helen Wallace 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-0177.

--Therese Brown-Wright ofIndiana claims mesothelioma on behalf of her recently deceased husband, Larry Wright, who worked from 1966 until 2000 as a brakeman and laborer at various locations throughoutIllinois. Brown-Wright is represented by Nicholas J. Angelides of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0185.

http://www.madisonrecord.com/news/217778-25-new-asbestos-cases-filed-in-madison-county-feb.-23-27

 
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California – Asbestos Trades –Asbestos Mesothelioma Lawsuit

16 new asbestos claims filed Feb. 16-20 inMadisonCounty
2/26/2009 7:30 AM By Kelly Holleran

A total of 16 new asbestos suits were filed in Madison County Circuit Court during the week of Feb. 16 through Feb. 20.

The following claims were filed:

--Larry and Sharon Garvin ofTexas claim Larry Garvin developedmesothelioma after his work as a laborer in the U.S. Navy from 1957 until 1962, a trainman at Santa Fe Railroad in 1962 and a switchman at Katy Railroad from 1962 until 2000. The Garvins are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-0125.

--David W. Gauthier ofColorado, a laborer for U.S. Steel from 1970 until 1976, a laborer for ABI Contractor from 1974 until 1976, a laborer and mechanic operator for Chinook Pipeline from 1976 until 1985, an operator and foreman for Balnret Construction from 1985 until 1987 and an operator for Phoenix Demolition Company from 1995 until 2007, claims lung cancer. Gauthier is represented by Elizabeth V. Heller and Robert Rowald of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-0133.

--Michael D. and Paulette Guye ofArizona claim Michael Guye developed mesothelioma after his work as a parts delivery person at a Ford dealership in 1963, as a laborer and join at the Newport New Shipbuilding and Drydock facility from 1963 until 1966, as a radiological technician from 1968 until 1971 and as a purchasing agent from 1972 until 2005. Michael Guye was also exposed to asbestos fibers through his father's work as a laborer and joiner from 1951 until 1966, according to the complaint. The Guyes 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-0124.

--Eileen Harry ofVirginia claims her recently deceased husband, Mark Harry,developed mesothelioma after his work from 1945 until 1997 as an engineer and a laborer at various locations throughoutIllinois,CaliforniaandWashington. Eileen Harry is represented by John A. Barnerd and Amy E. Garrett of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0151.

--Christine Hartsock ofNorth Carolina claims her recently deceased husband, Randall Hartsock, developed mesothelioma after his work from 1970 until 1989 as a clerk and carpet and flooring installer at various locations throughoutIllinois,Pennsylvania andNorth Carolina. Christine Hartsock is represented by Christopher R. Guinn, Christopher J. Levy, Perry J. Browder and John A. Barnerd of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0145.

--Bobby Joe Holder ofIllinois, a caster, brass worker, furnace chipper and mold repairman from 1969 until 2008 at various locations throughoutIllinois, claims asbestosis. Holder is represented by John A. Barnerd and W. Brent Copple of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0135.

--Joyce Hunter ofIndiana claims lung cancer on behalf of her recently deceased husband, Paul Hunter, who was a steel mill laborer from 1964 until 1986. Joyce Hunter is represented by G. Michael Stewart and Jill Price of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0150.

--James Jump of Indiana, a cement mason and laborer from 1945 until 1998 at various locations throughoutIllinois,Alabama and Louisians, claims mesothelioma. Jump is represented by Christoher R. Guinn, Christopher J. Levy, Perry J. Browder and John A. Barnerd ofEast Alton. Madison County Circuit Court case number: 09-L-0144.

-Victor F. Nelson ofIllinois, a worker for the U.S. Air Force, U.S. Navy and for Construction Supply Retail at various locations throughoutIllinois from 1959 until 1994, claims mesothelioma. He is represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of the O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-0149.

--Wanda and Larry Paul ofOhio claims Wanda Paul developed mesothelioma after her work as a laborer at Owens Corning and as a laborer at Westinghouse from 1974 until 1986. The Pauls are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-0148.

--George O. Pursley ofOhio, who served in the U.S. Navy from 1940 until 1946, worked as a laborer at a lumber yard from 1948 until 1951, at theU.S. postal service from 1970 until 1989 and as a barber from 1951 until 1992, claims mesothelioma. Pursley 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-0134.

--Lynne Quintana ofColorado claims mesothelioma on behalf of her recently deceased husband, Jose Quintana, who worked from 1961 until 1995 as a laborer and pipefitter at various locations throughoutIllinois,Colorado,Oklahoma andMontana. She is represented by John A. Barnerd and Amy E. Garrett of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0152.

--James F. Ross ofTexas, a worker at Scott Air Force Base, a clutch replacer on several family cars, a building remodeler, a gas station owner and a brake and maintenance man, claims lung cancer. He is represented by James F. Kelly and Jeffery A.J. Miller of Brent Coon and Associates. Madison County Circuit Court case number: 09-L-0147.

--Michael L. Stephens ofKentucky claims the recently deceased John M. Stephens developed mesothelioma after his work from 1972 until 1993 in the U.S. Navy. Michael L. Stephens is represented by Richard L. Saville Jr., Ethan A. Flint and David J. Page ofAlton. Madison County Circuit Court case number: 09-L-0137.

--Patty L. Stuck of Missouri, a former cook at Kmart, an assistant and clerk typist at Central Assurety from 1959 until 1960, a wireman from 1961 until 1964, a cake supply seller, an ammo packer from 1981 until 2000 and a helper and sweeper in 1965, claims mesothelioma. Patty L. Stuck also was exposed to asbestos fibers through her deceased husband, Thomas Stuck, who worked as a machinist from 1965 until 1990 and as a shade tree mechanic from the 1950 until the 1970s, according to the complaint. Patty L. Stuck is represented by Randy L. Gori of Gori, Julian and Associates inAlton. 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: 09-L-0129.

--Angela Thomas of Illinois claims her recently deceased mother, Francis Bates, developed mesothelioma after her work as a cashier at Huff Gas Stations-Phillips 66 in 2008, as a harness wirer from 2006 until 2007, as an order selector from 2002 until 2006, as a cab driver for City Cab Company from 2001 until 2002, as welder from the early 1960s until 2001, as a shade tree mechanic from the 1960s until the 1980s and as a carpenter and drywaller from 1968 until 1969. Thomas is represented by Randy L. Gori of Gori, Julian and Associates inAlton. W. Mark Lanier, Patrick N. Haines and R. Craig Bullock of The Lanier Law Firm inHouston will be serving of counsel. Madison County Circuit Court case number: 09-L-0139.

http://www.madisonrecord.com/news/217632-16-new-asbestos-claims-filed-feb.-16-20-in-madison-county

 
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California – Asbestos Trades –Mesothelioma Lawsuit

http://www.madisonrecord.com/news/217584-nine-new-asbestos-cases-filed-feb.-9-13-in-madison-county

10 new asbestos cases filed Feb. 2-6
2/13/2009 3:55 PM By Kelly Holleran 

A total of 10 new asbestos suits were filed inMadisonCounty during the week of Feb. 2 through Feb. 6.

The following claims were filed:

--Malcolm and Josephine Beasley claims Malcolm developedmesothelioma after his work as a production worker, shaft roller, serviceman, curved hoses worker, yarn spinner, raw material supplier, worker in the transportation department, truck driver, jointer department worker and brake and clutch worker from 1959 until 1995. The Beasleys are represented by Randy L. Gori of Gori, Julian and Associates. W. Mark Lanier, Patrick N. Haines, R. Craig Bullock, J. Kyle Beale and Sara A. Morton of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-0089.

--Helen J. Dunne-Dunajski ofMichigan, a secretary, accounting clerk and part-time bookkeeper at Paragon Oil Refinery from 1950 until 1980, claims mesothelioma. In addition to her work, Dunne-Dunajski alleges she was also exposed to asbestos fibers from 1921 until 1941 through her father, who worked asa maintenance man for a high-rise apartment building and who performed home repair and maintenance, according to the complaint. She was also exposed through her husband, Vincent Dunne, who worked as an industrial chemist from 1942 until 1956 and as industrial chemist and metallurgist from 1956 through the 1970s, the suit states. Dunne-Dunajski is represented by Elizabeh V. Heller and Robert Rowland of Goldenbert, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-0091.

--Alton Echols of Alabama, a construction laborer and carpenter, service station attendant and mechanic and brick mason at various locations throughoutAlabama from 1944 until 1987, claims mesothelioma. He is represented by G. Michael Stewart and Jill Price of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0079.

--Richard and Patti Gilberg ofWisconsin claim Richard developed mesothelioma after his work at a salvage yard doing derailment work and after his work at lumbar yards. Richard Gilberg was also exposed through his father who worked as a trackman and road master, according to the complaint. The Gilbergs are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-0083.

--Samuel and Arolone Gurtner ofWisconsin claim Samuel developed mesothelioma after his work from 1952 until now as a laborer, sign installer, sheet metal worker, owner of Top O' The Morning and volunteer fireman. The Gurtners are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-0086.

--Edwin and Evelyn Johnson of Oklahoma claim Edwin developed mesothelioma after his work from 1944 until 1946 as a laborer in the U.S. Army, from 1946 until 1948 as a machine operator at Kimball's Feed Mill, from 1948 until 1958 as a laborer at a gas station and from 1948 until 1985 as an equipment operator and foreman at Woodard County Road Commission. The Johnsons are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-0084.

--Sylvia Langager ofMissouri claims mesothelioma on behalf of a recently deceased man, Thelmar Sophus "Jake" Langager, who worked from 1972 until 2008 as a truck driver, painter, plumber and laborer at various locations. Sylvia Langager is represented by Michael R. Bilbrey, Timothy P. Hulla and James R. Stever of the Law Offices of Michael R. Bilbrey in Edwardsville. Madison County Circuit Court case number: 09-L-0102.

--William Oswald ofIllinois, a painter, lather, sanitation worker and truck driver at various locations throughoutIllinois from 1955 until 1989, claims mesothelioma. He is represented by John A. Barnerd and Myles L. Epperson of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0095.

--Howard M. and Viola Simmons ofCalifornia claims Howard M. Simmonsdeveloped lung cancer after his work from 1943 until 1945 as a laborer in the U.S. Navy and from 1941 until 1985 as a laborer at Shell Oil. The Simmons are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-0085.

--Dorothy Wooten ofIllinois claims lung cancer on behalf of her recently deceased husband, Jimmy Wooten. He worked from 1954 until 1989 as a laborer and a barber at various locations throughoutIllinois, according to the complaint. Dorothy Wooten is represented by Brian J. Cooke, Drew Sealey and Karoline Castens of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0094.

http://www.madisonrecord.com/news/217397-10-new-asbestos-cases-filed-feb.-2-6

 
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California – Asbestos Trades – $7.5 Million Mesothelioma Lawsuit

$7.5 Million Awarded in Asbestos Lawsuit Settlement

Thursday, January 15th, 2009

A former marine machinist, Robert "Bobby" Hilt ofVallejo,California, won $7.5 million in a mesothelioma lawsuit, which is one of the highest settlements for a patient as old as the 64-year-old Hilt inCalifornia courts' history.

Bobby Hilt was diagnosed with mesothelioma earlier in 2008, nearly a year from his trial.

Mesothelioma is an almost always fatal cancer of the tissues lining the lungs. Currently there is no effective treatment for the disease, which is almost always caused by exposure to asbestos. In most cases, mesothelioma does not develop until decades after exposure. Scientists are not sure why this is, but they do agree that asbestos exposure does lead to the cancer. Patients typically only survive for 12 to 18 months after their diagnosis of mesothelioma.

Hilt sued 11 defendants for causing his exposure to asbestos during his work as a machinist in the 1960s through the 1970s. He claimed that the defendants either made, supplied, or distributed the asbestos-containing materials around which he worked during his career.

Hilt's career involved a stint at the Bayshore plant for Schlage Lock Company from 1963 to 1965. After that time, he moved to work at the Hunter's Point Naval Shipyard until 1972. During the early part of the 1970s, Hilt worked as a machinist in the nuclear reactor compartments of the Sturgeon submarines at the Mare Island Naval Shipyard. It was during this decade of working at these places that Hilt feels he inhaled asbestos fibers that led to his mesothelioma. Since after his time at the shipyards, he went to work at the U.S. Mint inSan Francisco from 1972 until he retired in 2004.

The trial began early in November 2008, but two weeks into the proceedings, there were no longer any defendants still in court as the last of the eleven had chosen to settle out of court. Hilt and his wife declined to make a statement on the settlement.

http://www.asbestos.net/news/75-million-awarded-in-asbestos-lawsuit-settlement.html

 
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California – Asbestos Exposure – $7.5 Mesothelioma Award

California man awarded $7.5m in Mesothelioma case

December 19th, 2008 by Wendi Lewis

 

A mandiagnosed 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 ofVallejo,California., is 64. It is believed he developedmesotheliomaduring his work as a marine machinist.

The case was heard in San Francisco Superior Court last month. The Times-Herald reportsthat two weeks into the case, the last of the defendants settled out of court. It is believed the settlement is the richest inCalifornia history, particularly for a person of Hilt’s age, the paper reports.

According to the Times-Herald, it is believed that Hilt was exposed toasbestos at a series of jobs in theSan Francisco area beginning in 1963 and continuing through 1972, during which he was employed as a janitor and later as a machinist in two shipyards, where he worked on submarines. Following his stint in the shipyards, Hilt worked for the U.S. Mint inSan Francisco until 2004. He and his wife, Geraldine, have lived inVallejo for about 20 years.

 

http://www.mesothelioma.law.pro/news/2008/12/19/california-man-awarded-75m-in-mesothelioma-case/

 
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California – Asbestos Trades –$35.1 Million Mesothelioma Verdict

 

Jury Awards $35.1 Million to RetiredU.S. Navy 
Boiler Tender Exposed to Asbestos

Verdict Is One of LA County’s Largest Ever in an Asbestos Case; 

 

LOS ANGELES — October 17, 2007 — ALos Angeles County jury late last week handed down a $35.1 million verdict to a 74-year-old retired U.S. Navy boiler tender, validating that his exposure to asbestos in pump, valve and pipe parts more than five decades ago is the direct cause of the deadlymesothelioma he suffers with today.

 

The verdict is among one of the largest-ever awards inLos AngelesCounty for a plaintiff in a Navy asbestos exposure case. The verdict includes $100,000 for economic damages; $25 million to the victim for pain and suffering; and $10 million to the victim’s wife for loss of consortium. Leslie Controls and Warren Pumps were each assessed 7.1 percent liability. The judge disallowed consideration of punitive damages.

 

The plaintiff, John R. "Jack" Davis, was diagnosed with pleuralmesothelioma in January 2007. A native ofIdaho,Davis served as a fireman and boiler tender aboard the U.S.S.DeHaven for 4 years during the Korean War. Following his honorable discharge in 1955, he worked for American Pipe and Steel, and Sound Control Company, before being hired by Shell Oil in 1956. He worked at Shell refineries in Dominguez andWilmington,California., until 1963.

 

In 1964,Davis returned toIdaho, where he worked for Philip Petroleum and successive contractors at the Idaho National Engineering and Environmental Laboratory (INEEL) while studying college-level electronics and computers. He retired from INEEL in 1995. Until hismesothelioma diagnosis earlier this year, he and his wife, Janette, enjoyed an active retirement that revolved around family, sports and outdoor activities with his two children, five grandchildren and four great-grandchildren.

 

In his testimony, the soft-spoken and affable plaintiff described his work as a boiler tender in the aft engine room of the U.S.S.DeHaven. He explained that he had volunteered for the assignment — considered to be one of the least desirable aboard ship in cramped, hot and dirty quarters.

 

He also asserted that he would have protected himself had he known the danger of being exposed to the asbestos in the myriad small pump and valve components that he handled daily, both as a boiler tender in the Navy, and for a short period after as a pipefitter and instrument man in the private sector.

Davis clearly identified the products he handled as manufactured and branded by Leslie Controls and Warren Pumps.

 

The defense argued that responsibility forDavis’ illness lie with the U.S. Navy and subsequent employers, not the manufacturers. The defense also attempted to argue thatDavis’ radiation exposure while employed at INEEL was a cause or contributing factor to hismesothelioma diagnosis. The judge disallowed the argument due to a lack of medical and scientific evidence.

 

The defense, in its closing argument, challenged the jury to "knock a zero off" whatever award they might consider for the plaintiff. The jury was asked to consider what amount of money would really be necessary to allow theDavises to live comfortably given their age and life expectancy.

 

MikeArmitage, managing partner of WK’sLos Angeles office commented, "The defense’s closing argument was brazen. Here is a good man, a hard-working man, a loving husband, and a model father. He served his country loyally and honorably without question,then spent a lifetime bettering himself to support his family.His reward? It’s essentially a death sentence that was totally avoidable had the manufacturers only made the effort to warn workers to protect themselves."

"No, this case wasn’t about living comfortably," said Gary M. Paul, a WK partner and lead attorney on the case. "It was about justice."

An appeal filed by Leslie Controls and Warren Pumps is currently pending.

 

Full story -- http://www.forbes.com/feeds/ap/2007/10/18/ap4235335.html

 
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California – Asbestos Lawsuit – $7 Million Mesothelioma Award

Couple awarded $7 million in asbestos lawsuit

Thursday, March 13, 2008

(03-12) 17:25 PDTSAN FRANCISCO -- ASan Francisco jury has ordered an asbestos manufacturer to pay more than $7 million in damages for exposing a onetime film actress and singer to the fibers that caused her terminal cancer while she was working in a home-remodeling business with her husband, the couple's lawyer said Wednesday.

The Superior Court jury assessed Joan and Daniel Mahoney's damages at $20 million Monday and assigned 30 percent of the responsibility to Georgia Pacific Corp., the only defendant in the trial, said attorney JohnLangdoc. He said the company probably would be ordered to pay a slightly higher proportion of the award, $7.1 million, under the rules on shared liability.

The rest of the damages will go unpaid, but the couple previously reached confidential settlements with other manufacturers,Langdoc said. He said the verdict was one of the largest ever in an asbestos case.

Joan Mahoney, 69, who now lives inSouth Lake Tahoe, was too ill for an interview Wednesday, her lawyer said. He quoted her as saying, "I'm happy that in the last part of my life, I've been able to make a difference in the corporate conduct of Georgia Pacific."

The company said it would appeal.

"We sympathize with Mrs. Mahoney and her family," Georgia Pacific attorney John Childs said in a statement. "However, based on the use, frequency and amount of exposure she has described - as well as the type of asbestos fiber that was contained in our joint compound - it is highly unlikely that a product formerly made by GP could have caused her injuries and illness."

Langdoc said Joan Mahoney grew up inSan Francisco, with alcoholic parents who were unable to care for her, and got her first job at 13 singing at the Purple Onion inNorthBeach by telling the management she was 18.

She moved toLos Angeles two years later and pursued a career in show business for 30 years, appearing in a low-budget 1965 film called "Psycho a Go-Go," singing at nightclubs and touring the world seven times with the USO, her lawyer said.

She and her husband, a Bay Area math teacher, moved toSouth Lake Tahoe in the late 1960s and started a part-time remodeling business to make ends meet,Langdoc said. He said the products they used included an asbestos compound made by Georgia Pacific to fill cracks in sheetrock.

The lawsuit claimed that the company continued making the compound long after learning that asbestos could cause cancer and competitors found substitutes, and stopped only after the federal government outlawed asbestos products in 1977.

The couple sued in 2006 after Joan Mahoney was diagnosed withmesothelioma, a type of lung cancer linked to asbestos exposure. Doctors then gave her no more than nine months to live,Langdoc said.

He said she is living in pain from the disease while also caring for her husband of 42 years, who suffered a stroke last year.

E-mail BobEgelko atbegelko@sfchronicle.com.


Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/12/BADMVINSN.DTL&feed=rss.bayarea#ixzz0pGJszUfc
 
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California – Asbestos Company – $4.3 Million Asbestos Lung Cancer Verdict

 

 

GEORGE SMITH vs. AP GREEN INDUSTRIES INC. ET AL

 

May 23, 2001,San Francisco Superior Court, Case number: 315105

 

Description of Case: George Smith worked as apipefitter at the Mobil Oil refinery inTorrance,California in 1966. He was exposed to asbestos on the job and later developed lung cancer. The asbestos exposure came from the insulation products he used, and from asbestos dust raised by other employees, of which he had no warning.

 

Resolution:$4.3 million verdict against Mobil Oil Corporation

 

Economic damages: $2.5 million

 

Non-economic damages: $319,000

 

Non-economic damages: to his wife, Hanna, $1.5 million for loss of consortium Mobil Oil was held to be 12.5% responsible for George's illness, for "failure to use reasonable care."

 
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California – Asbestos Company – $1 Million Asbestos Lung Cancer Verdict

 

 

DWIGHT ODLE vs. GASKET HOLDINGS, INC.

 

July 17 2001,San Francisco Superior Court, Case number: 317966

 

Description of Case: Flexitallic Gaskets are 50-90% asbestos, but there is still debate over how much of the asbestos is released in normal use.

 

Resolution:Over $1 million verdictagainst Flexitallic Gaskets.

 

Economic damages: $224,645 for Mr. Dwight Odle

 

Non-economic: $250,000 for Mr. Dwight Odle, $350,000 for Mrs. Pearl Odle. Gasket Holdings was found to be 1.75% responsible for the damages to Dwight and Pearl Odle.

 
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California – Asbestos Trades – $2,245,000 Million Mesothelioma Verdict

 

San Francisco Jury Awards $2,245,000 to Bulldozer Driver and his Wife

 

On March 16, 2005, aSan Franciscojury awarded $2,245,000 to Daniel andVeneisa Johnson ofMarion,North Carolina for an asbestos-caused cancer. Mr. Johnson is dying ofmesothelioma, an incurable asbestos-caused cancer. This is believed to be the first verdict in theUnited States involving asbestos exposure from Caterpillar machinery.

 

Daniel Johnson is a 58-year-old bulldozer operator fromMarion,North Carolina who was exposed to asbestos from Caterpillar bulldozers while performing brake and other maintenance.

 

In March, 2004, Daniel Johnson, husband ofVeneisa Johnson, and father of two children, was diagnosed with malignantmesothelioma, a cancerwhose only known cause is asbestos. Mr. Johnson’s prognosis is terminal and his given three to six months to live.

 

Mr. Johnson filed his lawsuit inSan Francisco on July 15, 2004. In March, 2005, following a two-week jury trial, the jury found that the remaining defendant, Caterpillar, Inc., was responsible, in part, for Daniel Johnson’s cancer. The jury found that Caterpillar’s products were defective and Caterpillar failed to properly warn of asbestos hazards. Daniel Johnson performed brake servicing on Caterpillar bulldozers from 1978 to 1985 while employed as a bulldozer operator.

 

The jury found that Mr. Johnson suffered $995,000 in lost income and medical expenses and awarded $1 million in pain and suffering. In addition, Mrs. Johnson was awarded $250,000 for loss of her husband’s care, comfort and society.

 

Fact Sheet

Case Summary

 

Plaintiff alleged he was dying frommesothelioma caused by the totality of his asbestos exposure, including from Caterpillar, Inc.’s products. Plaintiff’s alleged exposure occurred as aboilertender in the Navy for four years between 1967 and 1970 aboard the U.S.S. Yorktown and U.S.S. Independence and at Todd Shipyard inSouthernCalifornia for several weeks in 1971. From 1976 to 2004, Daniel Johnson was employed as a bulldozer operator inMarion,North Carolina. From 1978 to 1985, he assisted in the maintenance of brakes and the changing of gaskets on three bulldozers on approximately 15 to 20 occasions. Mr. Johnson alleges he was exposed to asbestos during the maintenance of the Caterpillar bulldozers.

 

Caterpillar alleged that there is no appreciable asbestos exposure during maintenance of such bulldozers. A special study from 2003 was presented to prove that assertion. In addition, Caterpillar presented achrysotile defense. Caterpillar’s position was that the Navy exposure alone caused Mr. Johnson’smesothelioma.

 

Jury Trial: Daniel Johnson andVeneisa Johnson v. Caterpillar, Inc., et al.

San Francisco Superior Court Case No. 432923

 

Judge: The Hon. Donald S. Mitchell, Department 602

 

Verdict

Rendered: March 16, 2005

 

Total

Verdict: $2,245,000

Economic Damages: $995,000

Pain and Suffering: $1,000,000

Loss of Consortium: $250,000

 

Allocations: Caterpillar, Inc.: 5%

All others: 95%

 

Estimated Judgment after credits: $900,000

 

Trial testimony: 17 days; Jury deliberations lasted 6 days

 

Trial commenced February 14, 2005 and concluded March 16, 2005

 

Expert witnesses:

 

Plaintiffs’ expert witnesses included:

 

   Richard Cohen, M.D.

   Richard Hatfield

   Arnold Brody, M.D.

   Barry Horn, M.D.

   Allan Smith, M.D.

   SamuelHammar, M.D.

   Barry Ben-Zion, Ph.D.

 

   Defendant’s expert witnesses included:

 

   John Spencer, C.I.H.

   Eugene Sweeney

   William Hughson, M.D.

   DennisPaustenbach, C.I.H.

 

   Plaintiffs’ attorneys:

 

   Carolin Shining, Esq.

   Paul & Hanley, LLP

   1608 Fourth Street, Suite 300

   Berkeley,CA94710

http://www.paulandhanley.com/CM/VerdictsSettlements/VerdictsSettlements89.asp
 
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California – Second Hand Exposure – $11.5 Million Mesothelioma Verdict

 

San Francisco Jury Returns $11.5 Million VerdictAgainst UNOCAL for Pipefitter's Wife in Gunderson Trial

 

On December 12, 2002, aSan Franciscojury awarded $11,550,750 to Genevieve Gunderson ofTorrance,California, for a terminal cancer she contracted from her husband's clothing in the 1950s. The verdict against Unocal was on three separate theories of negligence. Ms. Gunderson is dying ofmesothelioma, an incurable asbestos-caused cancer.

 

Genevieve Gunderson is a 75-year-old homemaker and retired hairdresser fromTorrance,California, who was exposed to asbestos from her former husband, Gordon Fraser's, work as a pipefitter at industrial sites, including Unocal inWilmington,California, from 1948 to 1963.

 

In October, 2001, Genevieve Gunderson, mother of one adult child, four grandchildren, and several great-grandchildren, was diagnosed withmesothelioma, a cancer caused by exposure to asbestos. Ms. Gunderson's prognosis is terminal and she has been given only months to live.

 

Ms. Gunderson filed her lawsuit inSan Francisco in March, 2002. In October, 2002, following a three-week jury trial and three days of deliberation, the jury found the remaining defendant, Unocal, 9.3% at fault. Ms. Gunderson was exposed to asbestos in her home when she shook out and laundered her husband's work clothing. Her former husband, Mr. Fraser, worked at the Unocal refinery inWilmington,California, as a pipefitter, intermittently for approximately three years from 1948 to 1963 during their marriage.

 

The jury found that Ms. Gunderson suffered $550,750 in lost income and medical expenses based upon the expert testimony ofSanta Rosa economist Dr. Barry Ben-Zion andBerkeley pulmonologist Dr. Barry Horn. Ms. Gunderson was also awarded $11 million for her pain and suffering. Evidence was presented that cancers such as Ms. Gunderson's can be caused by relatively low exposures, including dust brought home on workers' clothing. Though largely ignored, the industrial community was well aware of recommendations for providing workers who worked around asbestos and other harmful dust with changing rooms, work clothing, and workplace laundry service.

 

"This is another chapter in the continuing tragedy created by industry's indifference to worker safety and particularly to asbestos hazards," stated Ms. Gunderson's lawyer, ofBerkeley,California. "Ms. Gunderson is pleased with the jury's decision. While it will not change her terminal condition, it will provide her with some satisfaction that those who caused this problem are being made to take responsibility."

 

The case was initially filed in March, 2002, against 40 separate defendants, and was advanced to trial quickly because of Ms. Gunderson's terminal condition. Before trial all defendants except Unocal, Chevron, and Fluor Corporation settled. Chevron and Fluor Corporation settled during trial. The total verdict will be reduced by the other parties' settlements. The final judgment against Unocal is estimated to be approximately $1.5 million.

 

Fact Sheet

 

Case Summary: Plaintiff, Genevieve Gunderson, is 75 years old and is dying frommesothelioma. She alleged she contractedmesothelioma from asbestos exposure brought home by her ex-husband from 1948 to 1963. It was undisputed that Ms. Gunderson has an asbestos-causedmesothelioma.

 

Her ex-husband, Gordon Fraser, was a pipefitter at large industrialsites from 1946 to 1982 throughoutSouthern California. He was married to Ms. Gunderson from 1948 to 1963. During the marriage, he wore his work clothes home and she laundered them twice weekly. He worked at Union Oil (Unocal) on several large construction projects for a total time of approximately three years from 1948 to 1963. These were all new construction projects and his employers were Bechtel and Flour Corporation (both of whom settled during the trial).

 

Unocal presented both duty and state-of-the-art defenses. Defendant argued it was unforeseeable that before 1960, "take-home" exposures could cause disease. Therefore, they argued no duty as a matter of law (the court denied all motions on this issue). They also argued that they were not negligent. They supported their case with the expert testimony of Dr. William Hughson, a pulmonologist and HowardSpielman, a Certified Industrial Hygienist. Plaintiff responded with state-of-the-art testimony of Dr. BarryCastleman.

 

The defendant found in plaintiff's favor on three separate theories of ordinary negligence, premises liability, and peculiar risk.

 

   Jury trial: Genevieve J. Gunderson v. A. W. Chesterton Company, et al. San Francisco Superior Court Case No. 406207

 

   Judge: The HonorableTomar Mason, Department 608

 

   Case filed: March 29, 2002

 

   Verdict rendered: December 12, 2002

 

   Total verdict: Total Economic Damages $550,750 Total Non-Economic Damages $11 million

 

   Trial testimony: three weeks; deliberations lasted three days

 

   Trial commenced: November 14, 2002 and concluded December 12, 2002

 

   Allocation: 90.7% to all other defendants; 9.3% to Union Oil Net judgment after settlement verdict and costs approximately $1,485,725

 

Experts:

 

Plaintiff’s experts included: Richard Hatfield, Materials Analyst Specialist, Atlanta, GA Barry R. Horn, M.D., Pulmonologist, Berkeley, CA BarryCastleman, M.D., Medical State of the Art, Baltimore, MD Barry Ben-Zion, Ph.D., Economist, Santa Rosa, CA Kenneth Cohen, C.I.H, Ph.D., El Cajon, CA Allan Smith, M.D., PhD., Epidemiologist, Oakland, CA

 

Defense experts included: William Hughson, M.D. Pulmonologist,San Diego,CA HowardSpielman, Certified Industrial Hygienist,Los Alamitos,CA

Prior settlement negotiations: Plaintiff served CCP§ 998 offer for $300,000 which was rejected. During the trial plaintiff's last demand was $700,000.

http://www.paulandhanley.com/CM/VerdictsSettlements/VerdictsSettlements89.asp
 
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California – Asbestos Company – $16.925 Million Mesothelioma Verdict

Woodard vs. Alfa Laval, Inc.et.al.

Case Summary

66-year-old Dennis Woodard was diagnosed with malignant pleuralMesotheliomain January 2008. He was exposed to asbestos during a 32-month period aboard theUSS Rogersas a machinist's mate, and later as an electrician's mate aboard theUSS Salisbury Sound. His 8-month tour aboard theUSS Rogersconstituted the most acute exposure, where he daily worked in the ship's boiler and engine rooms helping to repair and maintain a variety of steam lines, pumps, valves,and turbines. Crane Co. argued that the type and amount of asbestos (chrysotile) in their products would not have caused his illness, but pipe insulation manufactured by others likely would have. Defense also contended the U. S. Navy bore full responsibility for protecting its sailors. The jury found Crane Co. liable for its failure to warn.

Verdict

  • February 2, 2009
  • $16.925M total award: $1.925M in economic damages, $12.5M for pain and suffering, $2.5M for loss of consortium
    1. Approx. $2.0M assessed against Crane Co.
  • Crane Co. and 9 others assessed 0.5% liability. Sepco Corporation, 0%.U.S. Navy, 85%. Nonspecified insulation manufacturers, 10%
  • Punitive damages not considered by the jury

Significance

  • Plaintiff's verdict in what was essentially a Navy bystander exposure case
  • Jury clearly held manufacturers responsible for failure to warn
  • Substantial economic damages awarded - thought to be one of the largest to date in LA County in an asbestos-mesothelioma case

Case Information

  • Cause No. BC 387 774
  • Woodard v. Alfa Laval, Inc. et al.
  • Trial length: 3 weeks
  • Deliberation: 2.5 days

Jurisdiction

  • Los Angeles County,Calif., Superior Court,Dept. 56
  • Hon. Jane L. Johnson, presiding

Plaintiff's Experts (*live testimony, **video depostion)

  • *Arnold Brody, M.D., cell biologist
  • *Carl Brodkin, M.D., occupational and environmental medicine
  • **Roy Smythe, M.D., thoracic surgeon and plaintiff's private physician
  • *Arnold Moore, Naval architecture and marine engineering expert (USN, ret.)

Defense Experts(live testimony)

  • Samuel Forman, M.D., occupational medicine
  • Michael Graham, M.D., pathologist
  • Adm. David P. Sargent, Jr. (USN, ret.), Navy expert
  • Frederick Boelter, C.I.H., industrial hygienist

Plaintiff's Counsel

  • Gary Paul (lead), Kevin Loew and Jillian Rice of Waters Kraus & Paul (LA)
  • Daniel Wasserberg of Williams Kherkher Hart Boundas (Houston)

Defense Counsel

  • (Crane Co.) Geoffrey Davis and James Lee of K&L Gates (LA)
  • Sepco Corp.) Jerry Popovich of Selman Breitman (LA)
PDF -http://www.goldbergsegalla.com/publications/asbestos/December-2009.pdf
 
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California – Asbestos Company – $6.5 Million Mesothelioma Verdict

Childhood household exposure to asbestos Jury Awards $6.5 Million

Jeanette Franklin v. USX Corporation (2000)AlamedaCounty Superior Court 816407-0.
Attorneys atKazan, McClain, Abrams, Lyons &Farrise madeU.S. asbestos litigation history with a verdict of $6,500,000 in an asbestos cancer case that arose after childhood household exposure to asbestos.

Jeanette Franklin, the plaintiff, was a little girl in the 1940s when both of her parents worked at USX Corporation's Western Pipe & Steel shipyard inSouthSan Francisco. Her father was a burner (welder) and her mother a ship's carpenter's assistant. Her parents unknowingly carried deadly asbestos fibers home on their clothing, and their young children were exposed.

In March 1999, Jeanette Franklin wasdiagnosed withmesothelioma, anasbestos-caused cancer, and on August 25, 1999, The Firm filed suit on her behalf. By February 2000, the case was settled with almost all of the defendants except USX Corporation. USX is the successor corporation to Western Pipe & Steel shipyard, and refused to offer even $1. The case was tried to anAlameda County,California, jury by Firm principalSimonaFarrise and associate Andrea Huston.
 
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California Transite Plant Worker– $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 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 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 by Advocate 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 from Advocate 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 from Advocate Mines caused his mesothelioma.

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

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

A secondary defense argument was that even if a minor amount of Advocate 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 from Advocate 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 that Advocate 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, making Advocate 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 and Advocate'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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California –Mesothelioma and Occupational Exposure

Exposure to Asbestos from Rocks Can Cause Malignant Mesothelioma

Oct 17, 2005 | www.newsinferno.com

 

A new study published in the October 2005 American Thoracic Society’s American Journal of Respiratory and Critical Care Medicine has found thatCalifornians who live close to naturally occurring asbestos sources are at an increased risk for developing malignant mesothelioma.

Malignant mesothelioma is a cancer of the membrane covering the lung.  The study’s authors, Marc B. Schenker, M.D., from theUniversity ofCalifornia,Davis, and four of his associates, investigated 2,908malignant mesothelioma cases reported inCalifornia between 1988 to 1997.  Over half of the patients either had no or low occupational exposure to asbestos.  Exposure to asbestos fibers is the only known cause for malignant mesothelioma.

Dr. Schenker said that while studies have confirmed the link betweenmesothelioma and occupational exposure to asbestos, almost all population-based studies have found that many mesothelioma cases have no known occupational exposure to asbestos. 

The research showed that people who lived closer to an asbestos source had a greater risk of developing mesothelioma, and that the chance decreased as the distance from exposure increased.  According to the study, the odds of developing mesothelioma decreased 6.3 percent for every 10 kilometers farther from the asbestos source.

Per the authors,California has more naturally occurring asbestos source rocks than any other state in theU.S..

In an editorial in the same issue, Marcel Goldberg, M.D., Ph.D. and Daniele Luce, Ph.D., of the Institut National de la Sante et de la Recherche Medicale inSaint Maurice,France, wrote “while exposure in environmental settings is generally much lower than in occupational circumstances, the levels may not be negligible.” 

They add that in studies in which elevated risk of mesothelioma was demonstrated, people typically lived in close vicinity of naturally occurring asbestos sources.  “It is thus likely that lifelong cumulative exposure may have been as high (if not higher) as in some occupational settings.”

 

www.newsinferno.com

 
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California – Asbestos Company – Asbestos Lawsuit

Asbestos Suits Become More Widespread

Sep 26, 2002 | TheLos Angeles Times

 

Asbestos litigation has ensnared more than 6,000 companies--triple previous estimates--and is affecting nearly every industry, a Rand Institute study said Wednesday.

U.S. companies have paid out $54 billion on more than 600,000asbestos injury claims filed since the early 1970s, the Rand Institute for Civil Justice reported. Asbestos claims ultimately could cost as much as $210 billion, according to projections cited in the study, and more than 60 companies--22 of them in the last two years--have sought bankruptcy protection to staunch their losses.

The rising cost of the lawsuits has brought calls for reforms, and on Wednesday corporate defenders, insurers and lawyers for asbestos-related cancer victims seized on theRand report as evidence of the need for change in a hearing on asbestos litigation before the Senate Judiciary Committee.

The hearing coincided with this week's opening of a massive class-action suit inWest Virginia involving more than 5,000 plaintiffs and dozens of corporations including Exxon Mobil Corp., Owens-Illinois Inc., Westinghouse Electric Corp. and Union Carbide, now part of Dow Chemical Co.

In a measure of the breadth of the litigation, Rand found asbestos suits had been filed against companies in 75 of 83 industry sectors tracked by the government, said Stephen Carroll, the Rand senior economist who headed the study.

"The bankruptcies are the tip of the iceberg," Carroll said. "Under the surface there are a lot of corporations that are being hit hard by asbestos liabilities and they are putting their money into compensation payments instead of investment."

TheRand study also renewed questions about whether the growing pile of lawsuits is benefiting the victims of asbestos. Despite the enormous economic costs, the authors conclude that asbestos litigation is failing to adequately compensate the most seriously ill victims and no longer poses a deterrent to the pursuit of profits at the expense of worker health.

After the costs of litigation, asbestos claimants now receive 43 cents of every dollar spent on asbestos compensation, a slight improvement over the 37 cents thatRand researchers said reached plaintiffs' pockets 20 years ago. At the same time, the most seriously ill victims--people with lung cancer and mesothelioma, an incurable asbestos-related cancer--get little more than a third of all payouts, the study said.

The study echoes others' concerns that a surge in claims in the last four years from people who may have been exposed to asbestos but are not sick is draining money away from cancer victims who have high medical expenses and are no longer able to earn a living.

"The system looks worse 20 years later," said Deborah Hensler, aStanfordUniversity law professor who contributed toRand's first asbestos litigation study in 1982 and to its latest. "The system [in 1982], however inefficiently, was performing its job of corrective justice. It was making the bad guys pay. And by making the bad guys pay, the system was sending a very strong message to other potential bad guys working with other products that 'If you engage in this kind of behavior, you might find yourself in bankruptcy.' "

Today, Hensler said, high legal costs and payouts to claimants without serious injuries are diverting money away from cancer victims, and corporateAmerica no longer believes that only the most culpable companies pay.

Because litigation has spread to hundreds of companies outside the asbestos mining and manufacturing business, Hensler said, executives of recently targeted companies are saying, " 'This is not fair. We are being asked to pay for something that other blame-worthy companies did.' "

Fred Baron, a pioneering asbestos lawyer fromTexas and a recent president of the Assn. of Trial Lawyers of America, disputed the idea that "uninvolved companies" are being unfairly swept into the fray.

"While these companies did not manufacture asbestos, they used, distributed or otherwise sold products to others knowing that their asbestos content was likely to injure downstream users," Baron said. "Other defendants purchased companies, often at a discount, knowing these companies had substantial asbestos liability."

Baron's comments came during the Judiciary Committee hearing.

But Steve Kazan, anOakland lawyer who represents only cancer victims, told the committee that unless Congress steps in, there will be no money left to compensate people who fall victim to asbestos cancers over the next 50 years.

An estimated 27 million workers were heavily exposed to asbestos between 1940 and 1973. But, because mesothelioma can take 40 years or more to appear, at least 2,500 new cases are diagnosed each year, and the disease is widely expected to claim hundreds of thousands of lives in 30 to 50 years.

To preserve funds for future mesothelioma victims,Kazan has taken the unusual position of joining corporations and insurers in proposing that Congress establish medical thresholds that would bar claims from people who are not functionally impaired. Other asbestos reform efforts have failed over the years, and, despite more than a year of lobbying, the latest idea has not found its way into a bill.

Baron, testifying on behalf of the trial lawyers association, urged the congressional committee to continue its restraint, saying the proposed reforms would harm the rights of most asbestos victims.

"Although they will argue that the only way to pay more to the sickest is by paying less to others, the defendants' real goal is to pay less total asbestos compensation," Baron said. "The concept that a victim must be impaired before their claim can be heard is an invention of the asbestos defendants designed to limit their liability."

Sen. Patrick J. Leahy (D-Vt.), who chairs the committee, said he was interested in coming up with a bill that would respond to the neediest victims, but he said the committee was unlikely to take it up before Congress adjourns for the year.

 

TheLos Angeles Times

 
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California – Asbestos Trades – Mesothelioma Death

 

Industrial Engineer Dies from Mesothelioma

 

Source:Lexington Herald-Leader,Lexington,KY, July 6, 2008, extracted

September 30, 2008.

 

Menard, Don Luther

 

Don Luther Menard died at age 73, on Nov. 24, 2008, at his home inBellevue,Washington. He died after a battle with mesothelioma, an aggressive form of lung cancer which is caused by asbestos exposure. Don was born Feb. 6, 1935 inAltus,Oklahoma to Rev. Raphael (Ray) W. Menard and Florence MaeBelle Doughty Menard.

He graduated fromPurcellHigh School in 1953. He was honored in his senior high school yearbook as class ''wittiest'', a distinction he kept throughout his life. In

1960, he received a Bachelor's degree in Industrial Engineering and Management fromOklahomaStateUniversity. There, he became an active member of the Sigma Nu Fraternity. He later held memberships to the National Society of Professional Engineers, the Texas Society of Professional Engineers, and the Oklahoma Society of Professional Engineers.

In 1960, he married Marie Pettyjohn. They had three daughters and divorced in the early 70s.

 

From 1958-1964, Don served in the US Air Force. He has worked in the oil and gas industry all over the world, including in Oklahoma, Texas,California, Louisiana, Lybia, the Persian Gulf, Iraq, and Afghanistan. Don was a true patriot and until his illness beginning early this year, he proudly contributed to the war effort as an independent contractor inIraq andAfghanistan.

In his spare time, he loved learning about and traveling to many countries of the world. He was looking forward to traveling next toTibet andIndia when he wasdiagnosed with mesothelioma in June of this year.

 

He is survived by his beloved daughters, Debbie Ferrier of Tulsa, OK, Susan Menard of Bellevue, WA, and Shari Menard of Helsinki, Finland grandchildren, Kevin, Chelsea and Keenen Ferrier of Tulsa, OK, and Allison Milburn of Bellevue, WA sisters, Patsy M. Hardin ofTulsa,OK and Martha M. Menard of Denton, TX brother-in-law, Carl Siberts and 9 nieces and nephews.

He was preceded in death by his parents, Raphael W. Menard and Florence MaeBelle Doughty Menard, and sister, Helen Ruth Menard Siberts, and brother-inlaw,

Lynn Hardin. A memorial service will be held in the Chapel atBostonAvenueMethodistChurch inTulsa, at 1:00pm, on Saturday, December 6.Moore's Funeral Home inTulsa is in charge of arrangements 918-622-1155. He told us, ''Don't send flowers, they make me sneeze!''. Gifts may be made to: The John McNamara Foundation,21115 Devonshire St.,Chatsworth,CA91311 (www.thejohnmcnamarafoun dation.org) or Asbestos Disease Awareness

Organization,1525 Aviation Blvd., Suite 318,Redondo Beach, CA 90278 (www.banasbes tos.us) or Pacific Heart, Lung and Blood Institute,11818 Wilshire Boulevard, Suite 200,Los Angeles, CA 90025 (www.phlbi.org).

He devoted his life to raising his three daughters, who wish to express: We will always remember his lifelong devotion to us, and his undying love, friendship and fatherly protection. He is, and always will be, our hero.

 

Published on Legacy.com, 12/8/2008
 
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California – Asbestos and Mesothelioma Deaths

 

State Is 16th In Asbestos Deaths

Environmental group says toll is 716 since '79

Mar 8, 2004 |Milwaukee Journal Sentinel

 

Wisconsin ranks 16th in theUnited States in deaths from asbestos-related diseases, according to a new study from an environmental group.

 

The Environmental Working Group study says at least 716Wisconsin residents have died from asbestos exposure since 1979. More than 100 of the deaths have been inMilwaukeeCounty.

 

Asbestos is a fibrous material that was used as insulation and fireproofing. Its fibers, when inhaled, can cause various breathing ailments including lung cancer. One of the more deadly cancers,mesothelioma, usually doesn't show up until many years after the tiny fibers become embedded in lung tissue like a barbed hook.

 

California andFloridatopped a list of states with asbestos-related deaths, according to theWashington,D.C., environmental group's study.

 

Asbestos currently kills about 10,000 Americans a year, according to the study. That rate is increasing as more Americans exposed during the peak years of asbestos use, the 1960s and 1970s, reach old age.

 

Currently, more than 400,000 asbestos-related claims are pending beforeU.S. and state courts.

 

While asbestos victims want compensation, Congress has been urged to protect companies from the lawsuits. Business groups have said the majority of claims have been from people who are not sick and may not be sick for years.

 

Milwaukee Journal Sentinel

 
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California – Asbestos Related Deaths

L.A. Tops Nation in Asbestos-Linked Deaths

Mar 4, 2004 |Los Angeles Daily News

 

Los AngelesCounty has more asbestos-related deaths than anywhere else in the country, and the incidence of illness caused by the mineral is expected to rise over the next 20 years, a report released today says.

The report by the Environmental Working Group estimated that 1,227 county residentsdied of asbestos-related illness from 1979 to 2001, slightly more than the 1,051 inCookCounty, Illinois., which encompasses theChicago area. Nationwide, some 10,000 people died of asbestos-related disease in 2002.

Experts saidLos Angeles' large population, plus the widespread asbestos use in the shipping industry and post-World War II construction, help explain the county's high death figures.

"We were just floored when we looked at the deaths from this substance," said Richard Wiles, senior vice president of the Washington, D.C.-based environmental group. "We need to think of this as a 50-year problem because we still haven't banned asbestos.

Asbestos fibers can become embedded in the lungs and cause asbestosis essentially, scar tissue in the lungs or a usually fatal form of cancer called mesothelioma. Not all people exposed to asbestos become ill, but even small amounts can cause mesothelioma.

Until its dangers became well-known, asbestos was commonly used in construction and insulation materials and as a fire retardant. Its use peaked in the mid-1970s, when there were more than 3,000 asbestos-laced products on the market, though there were few safeguards for workers and their families exposed to asbestos dust.

Even today, asbestos is used in some cement pipes, vinyl floor tiles, duct insulation, floor backing and decorative plaster.

Cancer and other diseases linked to asbestos can remain dormant for 20 to 50 years, meaning people who worked with the fibers before safeguards were phased in during the 1970s could still develop potentially fatal illnesses.

U.S. Sen. Orrin Hatch, R-Utah, chairman of the Senate Judiciary Committee, has proposed the creation of a trust fund, financed by asbestos manufacturers and insurance companies, to handle lawsuits filed by asbestos victims and their families without bankrupting businesses.

Insurance companies anticipate $120 billion in asbestos claims worldwide and have pushed for national legislation to cut litigation, streamline the compensation process and set aside money to help people diagnosed with asbestos diseases.

"We know that 90 percent of current claimants have no signs of illnesses, but they are trying to get in before all these companies go bankrupt," said Peter Moraga, spokesman for the Insurance Information Network of California.

Already, some 70 companies have filed for bankruptcy protection.

Michelle Harrington has filed a $100,000 claim against W.R. Grace, which declared bankruptcy in 2001, in part because of damages awarded in wrongful-death suits stemming from its mine inLibby,Mont., where some 200 townspeople died from asbestos-related diseases.

The owner of Harrington Tools is seeking to be reimbursed for having to clean up asbestos contamination in theWest San Fernando Road building she bought in 1992 a structure previously owned by a company that processed more than 100,000 tons of insulation, using asbestos from the Libby mine.

"Not being my responsibility or my fault, I was absolutely furious," Harrington said. "Private companies cannot be held responsible or accountable for something they never did."

California toxicologists are analyzing historical cancer and cause-of-death data in the neighborhood around theWest San Fernando Road plant as part of a national study of plants that processed the Libby material potentially discovering a new group of victims who might seek compensation.

 

|Los Angeles Daily News

 
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California - $33 Million Mesothelioma Verdict

Asbestos Suit Brings $33-Million Jury Award

California

April 04, 2002|LISA GIRION, TIMES STAFF WRITER

 

In what is believed tobe a record asbestos injury verdict inCalifornia, aSan Francisco jury has awarded $33.7 million in a case involving a 60-year-old former electrician with a rare and incurable form of cancer.

Alfred Todak blamed his cancer on his exposure to asbestos on several jobs from 1960 to 1976, including work around insulation and boilers aboard Navy ships and around joint compound on construction sites.

In November 2000, almost 25 years after Todak quit the electrical trade to become an international nursing recruiter, he sought treatment for shoulder pain and learned that he had mesothelioma, a cancer caused by asbestos exposure.

 

Mesothelioma, which most commonly begins in the lining of the lung, usually is discovered 15 to 40 years after initial exposure.

"This was a recognition of how terrible a disease this is and how really unfair it is to a guy like Mr. Todak," Gilbert Purcell, his lawyer, said Wednesday. "It's a recognition that people are still getting ill ... that we are not out of the woods for people who had exposures into the '70s."

Todak and his wife, Stephanie, sued more than 25 firms with ties to products that contained asbestos and to which he believes he was exposed. The award includes $22.7million for Todak's pain, suffering and loss of income and $11million for his wife's associated losses.

The Todaks will not receive the entire award, even if it withstands appeal, because 18 firms settled for a total of $4.2 million before the verdict, most of them before trial.

Foster Wheeler Ltd., the last defendant remaining when the case went to the jury, was held liable for 30% of the total verdict, or $10.6 million. TheNew Jersey design, engineering and construction firm said it will appeal the verdict. The company said Todak failed to present credible evidence that he was exposed to one of the company's naval boilers, as he had charged.

The largest jury verdict in a single-victim asbestos case came last August. ATexas jury awarded $55.5 million to a former home-building worker who blamed his mesothelioma on the asbestos in a Kelly-Moore Paint Co. joint compound he was exposed to on construction sites in the 1970s.

InCalifornia, the previous record verdict was $20.5 million awarded a year ago to a man who blamed his mesothelioma on a career in aStockton plant that made pipe containing asbestos.

A fire-retardant mineral fiber prized as a cheap source of insulation and filler, asbestos has been used in thousands of products, from floor tiles to automotive brakes. More than 550,000 lawsuits have been filed since the 1970s against companies that made, used or sold asbestos or products that contained it, contributing to the bankruptcies of more than 50 firms.

The Todak decision was the first against Foster Wheeler, which has attempted to settle claims where victims show evidence of injury and exposure to a company product. It has fought claims from people who are not sick or cannot prove exposure.

Through the end of 2001, more than 300,000 claims against the company had been closed without payment, and 220,000 had been settled, a company spokesman said. Foster Wheeler had 110,000 claims pending at the end of the year.

Among the companies that settled with Todak was Viacom Inc., which picked up its asbestos liabilities through its acquisition of the former Westinghouse Corp. Viacom agreed to pay Todak $1 million. The entertainment giant spent $21 million on asbestos settlements and defense last year and disposed of about 60,000 claims, according to its latest annual report. Viacom had 106,000 claims pending at the end of 2001.

http://articles.latimes.com/2002/apr/04/business/fi-asbestos4
 
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California - $ 5.9 Million Mesothelioma Verdict

 

RobertJohnsen vs. Kaiser Gypsum

San Francisco Jury Awards $5,900,000 toPeninsula Executive

 

On May 18, 2006, aSan Francisco jury awarded $5,900,000 to RobertJohnsen ofSunnyvale,California for asbestos-related cancers.  The verdict against Kaiser Gypsum Company, Inc., a company that made asbestos-containing drywall products, is one of the largest ever in such a case.

 

RobertJohnsen was a 74-year old high-tech business executive who, at the time of his diagnosis, was working with Zero-G, aCupertino, California-based company offering zero gravity (weightless) flights.

Mr.Johnsen was exposed to Kaiser Gypsum’s asbestos products when he remodeled his homes inColorado during the 1960’s and when he supervised the building of his home and office for his employer inCalifornia during the 1970’s.

In January 2005, Mr.Johnsen was diagnosed with malignantmesothelioma and lung cancer (two separate cancers).  Mr.Johnsen was a lifelong non-smoker.  At that time his prognosis was determined to be terminal and he was given a six-month life expectancy.  He died in March 2007 at the age of 75.

 

Mr.Johnsen filed his lawsuit on July 11, 2005, naming several defendants.  On May 18, 2006, the twelve-person jury found that the remaining defendant, Kaiser Gypsum, was responsible, in part, for RobertJohnsen’s cancers.  The jury found that Kaiser Gypsum’s products were defective.  Mr.Johnsen personally used Kaiser Gypsum’s products from 1956 to 1970 during which time he undertook five to six home and basement remodels for himself and others.

 

The jury found that Mr.Johnsen suffered $940,000 in lost income and medical expenses and awarded $5,000,000 in pain and suffering.  Plaintiff’s expert witnesses included Dr. Barry Horn, apulmonologist from Berkeley, California; Dr. Richard Cohen, a physician who testified regarding the state-of-the-art, from Saratoga, California; Dr. Jerrold Abraham, a pathologist from Syracuse, New York; Dr. Arnold Brody, a cellular biologist from Tulane University in New Orleans; Richard Hatfield, an industrial hygienist and materials analyst from Suwannee, Georgia; Dr. Allan Smith, an epidemiologist from Berkeley, California, and Dr. Barry Ben-Zion, an economist from Santa Rosa, California.

 

Defense expert witnesses included Dr. William Hughson, apulmonologist and epidemiologist from San Diego, California; Dr. Gerald Meyers, apulmonologist from Berkeley, California; Dr. Douglas Fowler, a Certified Industrial Hygienist from Redwood City, California; Dr. Arthur Langer, a mineralogist from Brooklyn, New York; Dr. John Craighead, a pathologist fromFerrisburg, Vermont, and Edward vanderBogert, a construction management and safety expert from Lynnwood, Washington.

 

http://www.phhlaw.com/node/222

 
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California - $10.9 Million Dollar Asbestos Verdict

 

$10.9 Million Asbestos Verdict

December 10, 2007

On December 7th, a jury inLos AngelesCalifornia found in favor of Plaintiff Mr.Pelleys in the amount of $10.9 million, for injuries the jury foundwere caused, in part, by defendant John Crane company's asbestos-containing products.  Defendant John Crane was found 25% "at fault", which will result in a Judgment in the amount of 25% of the "non-economic" damages, as well as all of the economic damages not off-set by prior settlements.  The jury also found the necessary prerequisites for imposition of punitive damages.  That portion of the trial begins today. 

Plaintiff is represented by the Simon,Eddins law firm, with principal offices inTexas.

http://bradams.typepad.com/toxics_defense/2007/12/109-million-asb.html

 
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California - Mesothelioma Death

Mesothelioma claims the life ofCalifornia man

William E. “Slugger” Church Jr.

March 16, 1954- Jan. 30, 2010

Age:55

Residence
:Paradise,Calif.

He was born to William E. and Della Mae Church on March 16, 1954, inJulesberg,Colo. He fought a long hard battle withmesothelioma cancer and passed on Jan. 30, 2010, at Feather River Hospice House inParadise,Calif., in the presence of loved ones.

He was preceded in death by his parents, William E. Church Sr. and Della Church, and his brother, Ronald Dean.

Slugger grew up inRoggen,Colo., and attended schools inKeenesburg and graduated fromWeldCentralHigh School in 1973. While attending high school, Slugger was on the wrestling team and won theColorado state wrestling championship. After high school, Slugger attended Mesa State College inGrand Junction,Colo., earning his associate degree in auto body. During the summers of his life Slugger worked on his father's custom combine crew.

In 1975, Slugger married CarolynDyess. Together they had one son, Zachariah.

Slugger was remarried in June of 1981 to Barbara Tucker. His family lived inKeenesburg,Colo., where he worked in the oil fields. In 1986, he moved his family toParadise,Calif. He worked odd jobs until he acquired a position with Paradise Irrigation District. He held this job for 20 years.

Slugger leaves his wife of 28 years, Barbara; two sons, Zachariah and Cole; a daughter,Kyndra; a son-in-law, Ricky Rash; four grandchildren,Jenika,Brevin,Kieley and Blake; and three sisters, CindyKilker, Debby Krause (Steve) and LyndaFarner; along with many other relatives who will miss him dearly.

Slugger was full of life and lived it to the fullest. He was a very honest, hard-working man who lived to fish and hunt. He never knew a stranger and was always there to help anyone in need.

Slugger was a member of E.ClampusVitus Chapter 7-11 for 24 years and participated many years in S.E.A.R.C.H. He was also a member of the Chico Bass Club.

Slugger will be greatly missed by his family and friends and will be especially missed by his little dog Riley.

A family gathering will be held inGrand Junction on Saturday, Feb. 27, 2010.

A celebration of life memorial/potluck will be held inKeenesburg,Colo., at the American Legion at 2 p.m. on Sunday, March 7, 2010.

 

http://www.greeleytribune.com/article/20100224/OBIT/100229833/1047

 
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California – $9 Million Dollar Asbestos Wrongful Death Verdict

San Francisco Jury Awards 9,057,775 for Wrongful Death

On November 19, 2008, aSan Francisco jury awarded a total of $9,057,775 to the widow, sons and daughter of two pipefitters who died of an asbestos cancer. The jury rendered their verdict against Plant Insulation Company, formerly known as Plant Asbestos Company.

Jolene Mudgett, the daughter of Joseph Sandra, was awarded $1,250,000 for the death of her father, who succumbed to mesothelioma, a cancer of the lining of the lungswhose only established caused is that of inhaled exposure to asbestos fibers. Mr. Sandra was 87 years old at the time of his death. Mr. Sandra is survived by his daughter, Jolene Mudgett, his son, John Sandra, and his wife, Molly Sandra.

Plant Insulation Company was theNorthern California exclusive supplier of asbestos-containing pipecover, block and asbestos cement products, made by Fiberboard Corporation, known as "Pabco." Plant Insulation Company was a major industrial insulating contractor that exposed Mr. Sandra at a number of bay area oil refineries from 1955 to 1975. The jury found that Plant Insulation Company was found liable for failing to warn Mr. Sandra about the unsafe insulation products he was exposed to. Plant Insulation company was found to be 18% at fault, with other manufacturers, distributors and suppliers of asbestos products, who were not present at the trial, found to be 82% at fault in causing Mr. Sandra's mesothelioma. Co-worker and eye-witness James Szuch testified for the Plaintiffs.

Franklin Yancey died of mesothelioma at the age of 68 at theUniversity ofTexas,M.D.AndersonCancerCenter, inHouston,Texas. He was survived by his wife of 25 years, Janice Yancey, and two adult sons, Jeff Yancey and Monte Yancey. The jury awarded $7,807,775 in damages. Mr. Yancey worked atSan Francisco oil refineries in the bay area in the 1960s, and his two adult sons followed in the footsteps of their father. Mr. Yancey's co-worker and eye-witness, Vern Gosney, testified for the Yancey family. Plant Insulation company was found to be 10% at fault, with other manufacturers, distributors and suppliers of asbestos products, who were not present at the trial, found to be 90% at fault in causing Mr. Sandra's mesothelioma.

Plaintiff's expert witnesses included Charles Ay, a career insulator and pipefitter, Dr. Barry Horn, a pulmonologist from Berkeley, California; Dr. Richard Cohen, a physician who testified regarding the state-of-the-art, from Saratoga,California; Dr. Brian Dolan, a SouthernCalifornia internist; John Templin, an industrial hygienist and materials analyst from Long Beach,California; Dr. Allan Smith, an epidemiologist from Berkeley,California, and Dr. Barry Ben-Zion, an economist from Santa Rosa, California.

http://www.mesotheliomaasbestoshelpcenter.com/legal-options-and-rights/mesothelioma-verdicts.html#Janice-Yancey-and-Jolene-Mudgett-vs.-Plant-Insulation-Company

 
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