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ASBESTOS NEWS DAILY - New Jersey Mesothelioma Lawyer
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Mesothelioma Asbestos inNew Jersey


 

We connect you with experienced Mesothelioma Asbestos lawyers inNew Jersey. 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 inNew Jersey 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 experiencedNew JerseyMesothelioma Lawyer and also help you find a qualified Mesothelioma doctor.

 
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They Said Months. I Chose Years! A Mesothelioma Survivor's Story
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New Jersey – Asbestos Exposure – Mesothelioma Death

Chrysler’s Tomb Raiders Crash a Funeral

  • By Keith Barry
  • March 9, 2009  
  • 3:14 pm  |

Tomb

ANew Jersey widow is heartbroken that a mourner at her husband’s funeral turned out to be a process server sent byChrysler to claim the body.

The late Harold St. John ofCranbury,N.J. was suing Chrysler and Honeywell claiming themesothelioma that ultimately took his life was the result of installing asbestos automobile brake linings at his father’s shop during the 1950s and 60s. The suit was slated to begin Monday.St. John died Feb. 28 at age 67, but the wheels of justice kept turning.

That’s when things got ugly.

According to WCBS-TV, Chrysler’s lawyers obtained a court order to test tissue samples taken fromSt. John’s body. The order was granted as the family gathered for the funeral atSpotswoodReformChurch. The last mourners had only just left the cemetery when a process server handed the funeral director papers demandingSt. John’s body be returned to the funeral home.St. John’s widow Dianne told NJ.com Chrysler’s actions were "beyond ruthless."

As crass as it seems, Chrysler spokesman MichaelPalese said in a statement the tactics were "routine." Although Chrysler "clearly intended no disrespect to the late Mr. St. John and to theSt.
John
family," the process of obtaining a tissue sample "is routine in such matters in order to preserve tissue needed to establish the cause of asbestos-related diseases."

Palese also made a point of noting the studies that have shown no link betweenmesothelioma and automotive brake linings.

Chrysler claimed it acted "in a timely fashion," but Mrs. St. John said that even if the subpoena had been granted immediately after his death, the additional samples would still have been unnecessary. She told WCBS-TV that Chrysler needed no more evidence after already taking lung samples from Mr. St. John last year. "They have all the evidence they need," she said. "It’s a stall tactic."

Regardless of who wins the legal battle, the struggling automaker certainly didn’t win any PR points with the public after its walk-on role in The Body Snatcher. With a few more boneheaded moves like this, the next funeral Chrysler attends may be its own.

Photo:Flickr / lant_70

ReadMore http://www.wired.com/autopia/2009/03/chryslers-tomb/#ixzz0qsQ7YCHs

 
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New Jersey – Asbestos Exposure – Asbestos Related Deaths

Posted Feb 2, 2010

Congoleum Seeks Court Nod for $100M SettlementWith Insurers Over Asbestos Claims - CBL

ByCitybizlist Staff

MERCERVILLE,New Jersey.-- Congoleum Corp. (OTC: CGMC) is seeking court approval of a$100 million settlement it has reached withnine insurance companies and theNew Jersey insurance guaranty associations overasbestos claims, according to an 8-K filing with the U.S. and Securities and Exchange Commission.

TheMercerville,New .Jersey.-based manufacturer of sheet and tile flooring filed a motion with theU.S. District Court for the District of New Jersey seeking approval of the deal. Under the agreement, theinsurers will pay $100 million, of which$97 million can be used to settle asbestos claims. The companies were not named in the 8-K filing.

The court is to hear the motionFeb. 19.

Separately,Congoleum isappealingorders of aU.S. bankruptcy court thatdismissed its latest reorganization plan.

Congoleum has manufacturing units inTrenton,N.J.; Marcus Hook,Pa.; andCedarhurst,Md.

Form 8-K filing: http://tinyurl.com/yzvfmsu

Also atCitybizlist, see:

Congoleum Disclosure Statement Hearing Adjourned

Congoleum to Submit Listing Requirement Compliance Plan to Amex

Bankruptcy Court Issues Opinion onCongoleum Reorganization Plan

http://philly.citybizlist.com/yourcitybiznews/detail.aspx?id=66576

 
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New Jersey – Asbestos Trades –Mesothelioma Lawsuit

Mesothelioma Victim’s Family Receives Huge Award In Asbestos Exposure Case: $30.3 Million

By Thomas J. Lamb at AsbestosHUB.com | April 7, 2010

 

Back in June 2008, we reported on the largestasbestos verdict ever awarded inNew Jersey. The lawsuit pertained to the untimely death of Mark Buttitta, who succumbed tomesothelioma just before his 50th birthday.

 

Buttitta had been exposed to asbestos through his father, who worked at a GM warehouse as a parts picker. Buttitta also worked at the warehouse during the summers when he was a young man.

 

In our June 2008 post, we reported that Buttitta’s surviving wife and three daughters were awarded a huge $30.3 million dollar verdict.

 

The breakdown goes like this: $8 million for pain and suffering, $2 million for loss of consortium, $9,281,660 for loss of earnings, $2,030,544 for loss of services, and $3 million for loss of parental care and guidance for each of Buttitta’s three daughters.

 

Since that time, the defendants have fought hard trying to appeal and reverse this decision. Falling on several tactics to shirk their responsibility, they have argued that the judge was mistaken in each of these categories:

 

§                    causation

§                    the admission of plaintiff’s expert testimony

§                    Borg-Warner’s claims against settling defendants; and,

§                    its motion for a remittitur.

§                     

After a long and careful review, no errors were found in any of the judge’s rulings. The judgment andaward for $30.3 million will stand.

 

For an excellent and detailed account of each argument for and against the defendants’ claims of judgment error, visit BUTTITTA v. ALLIED SIGNAL, INC. at Leagle.com.

 

http://asbestoshub.com/2010/04/07/mesothelioma-victims-family-receives-huge-award-in-asbestos-exposure-case-303-million/
 
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New Jersey – Asbestos Exposure – Asbestos Mesothelioma Lawsuits

10 new asbestos claims filed inMadisonCountyDec. 21-24
1/12/2010 2:38 PM By Kelly Holleran 

A total of 10 new asbestos lawsuits were filed in Madison County Circuit Court throughout the week of Dec. 21 through Dec. 25.

The following complaints were filed:

--Phlegar Compton ofNew Jersey, an engineer at various locations throughoutIllinois andPennsylvania from 1940 until 1984,claims mesothelioma.Compton 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-1391.

--Kenneth Fehribach ofFlorida, a laborer, production worker, tooling engineer and injection mold operator at various locations throughout theUnited States from 1948 until 1986, claims mesothelioma. Fehribach was also exposed to asbestos fibers through his father, Lawrence Fehribach, who worked as an assembler and repairman from 1933 until 1972 inMichigan, according to the complaint. Fehribach will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1399.

--Pamela Gonzalez ofCalifornia claims the recently deceased Leanne K. Shipman developed mesothelioma after her work for Montgomery Ward and Company, for Sears Holding Corporation, for Toyota Santa Ana, for Rosalie Ginther, for Power Lift Corporation, for Forty-three, for California Rubber Products, for OA Systems and for Monterey-Carmel Communications Corporation. Shipman was also exposed to asbestos fibers through her former husband, Mark McDonald, who worked as a machinist on military equipment and who performed remodeling projects on apartment buildings aroundLos Angeles, and through her sister, Ilona Arnedt, who worked as a manufacturer of plastic products at Fesco Plastics Corporation, according to the complaint. Gonzalez will be represented by Richard L. Saville Jr., Ethan A. Flint and Andrew J. Balcer of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1392.

--Anton Greiner of Ohio, who worked on personal vehicles in Dayton from 1960 until 1980; who worked in Kingston in a shipyard building an aluminum minesweeper in 1961, who worked as a pipefitter for Globe Verniki from 1959 until 1964, who worked as a pipefitter in 1964 and who worked as a pipefitter for General Motors from 1965 until 1992, claims mesothelioma. Greiner 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-1395.

--Dennis and Rachel Landis of Florida claim Dennis Landis developed mesothelioma after his work as a pipefitter in the early 1970s at Martin Welder, as a laborer in 1975 at Johns Manville, as a laborer at Scannell Boiler Works, as a laborer in the late 1970s at Prelco, as a builder of fuel trucks at Tech-Weld in the late 1970s and early 1980s and as a member of the Teamsters Local Union 49. He was also secondarily exposed to asbestos fibers through his father who worked as a teamster truck driver, according to the complaint. The Landises 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-1394.

--Murriel O'Neill claims the recently deceased Naomi Winter developed mesothelioma after she was exposed to asbestos fibers through a family member, Walter A. Winter, who worked as a laborer from 1950 until 1970 at various locations. O'Neill 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-1389.

--Michelle Rice ofTexas claims her recently deceased father, Oren Monceaux developed mesothelioma after his work as a laborer and home remodeler at various locations from 1968 until 1979. Rice 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-1388.

--Martha Royal ofMissouri claims her recently deceased husband, Jerry Royal, developed lung cancer after his work as a machinist and home remodeler at various locations from 1955 until 1979. Royal 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-1387.

--John Ward ofNevada claims his recently deceased father, Robert Carroll Ward, developed mesothelioma after his work as a firefighter at various locations throughoutIllinois andCalifornia from 1969 until 2009. John Ward 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-1393.

--Keith West Sr. and Ruth West ofMichigan claim Keith West Sr. developed mesothelioma after his work as a stationary engineer, laborer, foreman and truck driver at various locations from 1958 until 1998. The Wests will be represented by Nicholas J. Angelides of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1390.

http://www.madisonrecord.com/news/224065-10-new-asbestos-claims-filed-in-madison-county-dec.-21-24

 
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New Jersey – 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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New Jersey – 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 ofCalifornia claims 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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New Jersey – 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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New Jersey – 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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New Jersey – 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. ofNew 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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New Jersey – Asbestos Trades –Mesothelioma Lawsuit

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

A total of 13 newasbestos 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 Autry developed 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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New Jersey – Asbestos Medical –Mesothelioma Study

Highest Rate of Mesothelioma inU.S. found inMaine

Posted by admin May 30th, 2009 | 

maine

The National Institute for Occupational Health and Safety, a part of the U.S. Centers for Disease Control, recently released data that shows the state ofMaine as having the highest death rate frommesothelioma  in the country. The data, collected between 1999 and 2005, found around 18,000 people died annually from asbestos related cancer. The ratio works out to about 14 deaths per million people each year.

However, inMaine, the average is much higher at around 27 deaths from asbestos related cancer per million people each year. Other states that have higher than average death rates frommesothelioma includeWyoming with 22 deaths per million people andWest Virginia with 21 deaths per million people.Pennsylvania andNew Jersey also had higher than average with 21 and 20 deaths per million respectively.

Mesothelioma, a fatal form of cancer, is caused by exposure to airborne asbestos fibers. Once popularly used for its high insulation qualities, asbestos is now strictly regulated and many countries ban its use. Today, contact with airborne asbestos fibers typically occurs during asbestos abatement procedures. To protect those working with or around the carcinogen special equipment and protective clothing must be worn.

Source: http://www.bloggernews.net/121022
 
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New Jersey – Peritoneal Mesothelioma –$7 Million Mesothelioma Verdict

 

$7 million New Jersey verdict

June 23rd, 2008 by Wendi Lewis

ANew Jerseyjury awarded a Lindenwoman$7.5 million verdict againstExxonMobile Corp., saying she contractedperitonealmesothelioma as a result of handling her husband’s clothing. John Anderson was employed at a refinery that was owned byExxonMobile at the time, and his wife Bonnie had secondary exposure to his “take home” asbestos fibers for years, according to a report in NJBIZ magazine.

 

ExxonMobile was found responsible for themesothelioma cancer last year. The trial to determine damages began approximately two weeks ago, resulting in the $7.5 million verdict in favor of Mrs. Anderson. According to the report,ExxonMobile plans to appeal the verdict.

 

http://www.mesothelioma.law.pro/news/2008/06/23/7-million-new-jersey-verdict/

 
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New Jersey – Asbestos Products –$30 Million Mesothelioma Jury Award

Thursday, February 28, 2008

Jury Awards More than $30M to Family in Asbestos Case

A jury awarded $30.3 million to the family of a man whodied frommesothelioma, an asbestos related cancer. 50-year-old MarkButtitta was exposed to asbestos while he handled auto parts in a GM warehouse inNew Jersey. The verdict was settled against Asbestos Corp. Ltd. ofCanada, which provided material for GM brakes, and BorgWarner Inc. ofMichigan, which made clutches.

 

Full Story - http://www.newsday.com/news/local/wire/newjersey/ny-bc-nj--take-homeasbestos0227feb27,0,2877960.story

 
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New Jersey – Asbestos Company – Mesothelioma Lawsuit

New Jersey mesothelioma sufferer files complaint in Madison County 
7/22/2008 1:51 PM By Steve Gonzalez 

 

ANew Jersey man suffering frommesothelioma filed an asbestos suit in Madison County Circuit Court July 17, claiming his disease was wrongfully caused.

John Scarduzio claims he was employed a materials processor and plant manager from 1949 through 2000 at various locations.

Scarduzio claims that during the course of his employment and during home and automotive repairs he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers emanating from certain products he was working with and around.

He names 75 defendant corporations that include Bondex International, CBS, Chrysler, Federal-Mogul Asbestos Personal Trust, Ford Motor Company, General Electric, General Motors, Goodyear, Honeywell International, Ingersoll-Rand, International Paper, John Crane, MetLife, Philips Electronics and TraneUS.

"The plaintiff's exposure and inhalation, ingestion or absorption of the asbestos fibers was completely foreseeable and could or should have been anticipated by the defendants," the complaint states.

Scarduzio claims the defendants knew or should have known that the asbestos fibers contained in their products had a toxic, poisonous and highly deleterious effect upon the health of people.

According to Scarduzio, he first became aware that he suffered from mesothelioma in April.

Scarduzio alleges that the defendants included asbestos in their products even when adequate substitutes were available and failed to provide any or adequate instructions concerning the safe methods of working with and around asbestos.

He also claims that the defendants failed to require and advise employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home.

As a result of the alleged negligence, Scarduzio claims he was exposed to fibers containing asbestos. He developed a disease caused only by asbestos which has disabled and disfigured him, the complaint states. 

He seeks damages to help pay for the cost of his treatment.

Scarduzio also suffers "great physical pain and mental anguish, and also will be hindered and prevented from pursuing his normal course of employment, thereby losing large sums of money," the complaint states. 

Scarduzio also claims that he has sought, but has been unable to obtain, full disclosure of relevant documents and information from the defendants leading him to believe the defendants destroyed documents related to asbestos.

"It was foreseeable to a reasonable person/entity in the respective positions of defendants, that said documents and information constituted evidence, which was material to potential civil litigation-namely asbestos litigation," the complaint states.

Scarduzio alleges that as a result of each defendant breaching its duty to preserve material evidence by destroying documents and information it has been prejudiced and impaired in proving claims against all potential parties.

"Plaintiff has been caused to suffer damages in the form of impaired ability to recover against defendants and lost or reduced compensation from other potentially liable parties in this litigation," the complaint states.

Scarduzio is seeking at least $300,000 in damages for negligence, willful and wanton acts, conspiracy, and negligent spoliation of evidence among other allegations.

"In addition to compensatory damages, an award of punitive damages is appropriate and necessary in order to punish the defendants for willful, wanton, intentional and reckless misconduct and to deter them and others from engaging in like misconduct in the future," the complaint states.

Scarduzio is represented by Nate Mudd of SimmonsCooper inEast Alton.

The case has been assigned to Circuit Court Judge Daniel Stack.

08 L 643

http://stclairrecord.com/news/213819-new-jersey-mesothelioma-sufferer-files-complaint-in-madison-county

 
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New Jersey – Asbestos Company – $30.3 Million Mesothelioma Verdict

 

N.J. Court Affirms Record $30.3 Million Award in Asbestos Exposure Case

New Jersey Law Journal

April 06, 2010

 

ANew Jersey appeals court on Monday upheld a$30.3 million verdict in anasbestos-exposure mesothelioma case, the largest known award in the state.

The defendants lost on every issue, including the standard of causation to be applied in light of the plaintiff's short history of working with asbestos-laden materials.

The suit, Buttitta v. Allied Signal, A-5263-07, was brought by Susan Buttitta whose husband, Mark, a 50-year-old advertising executive fromGlenRidge,died from mesothelioma in 2002, a year after he was diagnosed.

In February 2008, aBergenCounty jury awarded damages of $8 million for pain and suffering; $2 million for loss of consortium; $9,281,660 for lost earnings; $2,030,544 for loss of services; and $3 million to each of Buttitta's three daughters for loss of parental care.

Dozens of companies were sued but only two -- Borg-Warner Corp. and Asbestos Corp. Ltd. -- were the left by the time of the verdict. Two others, C.L. Zimmerman Co. and Honeywell International, settled during trial, while General Motors Corp. settled beforehand, all three on confidential terms.

The suit combined direct exposure claims characteristic of traditional asbestos litigation with indirect or "take home" exposure, as recognized by the state Supreme Court in Olivo v. Owens-Illinois, Inc., 186 N.J. 394 (2006).

Buttitta was allegedly exposed as a child to asbestos by his father, who handled brakes and clutches containing asbestos working at a GM warehouse inBloomfield and carried the fibers home on his work clothes.

Buttitta also encountered asbestos directly in the early 1970s, when he was in college and spent summers and winter breaks working at a GM warehouse inEnglewood handling auto parts.

On appeal, Borg-Warner and Asbestos Corp. raised such issues as what standard of causation applies in a mesothelioma case; whether a preliminary hearing was needed to admit testimony of the plaintiff's expert; whether liability should be allocated against the settling defendants; and whether remittitur should have been granted.

On causation, the appeals judges agreed with Superior Court Judge Brian Martinotti that the "frequency, regularity and proximity" test for asbestosis cases should be viewed differently in the context of a claim involving mesothelioma which, unlike asbestosis, can develop from infrequent exposure to a relatively small amount of asbestos.

Thus, Buttitta's "rather brief work history" with asbestos was sufficient to establish medical causation of mesothelioma 30 years later, Judges Francine Axelrad, Clarkson Fisher and Paulette Sapp-Peterson held in a per curiam unpublished opinion.

Another causation-related issue was Martinotti's decision to allow deposition testimony from an unrelated case inTexas to be read to the jury.

Part of Borg-Warner's defense was that its asbestos-related products were not present in the GM warehouse when Buttitta worked there. It was tough to prove because Borg-Warner had destroyed its records of sales to GM facilities inNew Jersey when it got out of the clutch business.

The disputed testimony was from John Froning, former manager of GM's clutch and manual transmission group, who testified in theTexas case that from the early 1960s to the mid-1980s Borg-Warner was GM's "prime" supplier of clutches.

Borg-Warner tried to keep out Froning's testimony as irrelevant, but the appeals court agreed with Martinotti that the real question was whether the testimony was too circumstantial, which was for the jury to decide.

The panel also saw no merit in Borg-Warner's argument that Martinotti should have held a hearing on whether to admit the testimony of plaintiff's experts. The company called "novel and unsupported" their opinions that asbestos fibers in Buttitta's biopsied lung tissue were consistent with occupational rather than background exposure, that there was no safe level of exposure and that Buttitta's exposure caused his mesothelioma.

The appeals court said it didn't matter that no expert could identify the specific asbestos-containing product causing the mesothelioma, given Buttitta's testimony about having handled dust-covered boxes and automobile parts.

The judges also rejected the argument that part of the verdict should be allocated against settling defendants GM, Honeywell and Zimmerman, finding no error in Martinotti's denial of a request to include them on the verdict sheet. There was insufficient evidence to allocate liability, the court said, despite evidence that Buttitta was exposed to asbestos-containing parts made by all three and the fact that a reasonable jury could conclude that those other parts were concurrent causes of his death.

Borg-Warner also lost its argument that the $11,030,544 awarded for loss of spousal and parental services was excessive and should have been remitted to $1,088,754, the amount set by the plaintiff's expert.

The appeals judges deferred to Martinotti's "feel of the case" in denying remittitur, saying the award "may have been generous, as recognized by the judge, but it was based on the undisputed evidence that Mark was an active and engaged father, and would have been expected to provide significant intangible services to his children such as guidance, training and counseling."

Asbestos Corp., a Quebec, Canada, company that supplied asbestos to GM and Zimmerman, unsuccessfully appealed rulings that found New Jersey courts had personal jurisdiction over the company and imposed sanctions -- striking its answer and defenses and limiting its role at trial -- for its failure to comply with discovery rulings that allegedly clashed with Quebec law.

Arnold Lakind, of Szaferman, Lakind, Blumstein & Blader in Lawrenceville who argued the appeal for the plaintiff, says he is not aware of a larger mesothelioma verdict in the state.

The second largest one he knows of is also one of his cases, a $7.8 million verdict against ExxonMobil in May 2008. Plaintiff Bonnie Anderson claimed she contracted mesothelioma from laundering clothing worn by her husband to his job at the Exxon Bayway Refinery inElizabeth. Oral argument of ExxonMobil's appeal is set for April 26.

Borg-Warner's attorney, Paul Zidlicky of Sidley Austin inWashington,D.C., declines comment. The company, now known as Burns International Services Corp., was also represented by Norah Grimbergen of Hoagland Longo Moran Dunst & Doukas inNew Brunswick.

Deborah Knight, of Goldfein & Joseph inPhiladelphia, the lawyer for Asbestos Corp., did not return a call.

http://www.law.com/jsp/article.jsp?id=1202447541716
 
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New Jersey – Asbestos Trades –Mesothelioma Lawsuit

New York Mesothelioma Lawsuit Proceeds to Trial on Behalf ofJackson,New Jersey Mesothelioma Victim

New York,NY (PRWEB) June 22, 2007 -- The New Yorkmesothelioma lawsuit involving Joel Rosenberg is proceeding to trial with a pre-trial conference scheduled before Justice Marcy S. Friedman, Supreme Court,New York County, in downtownManhattan on June 26, 2007. Mr. Rosenberg is one of many victims who have filedmesothelioma lawsuits inNew York City - the place where a significant portion of their asbestos exposure occurred. The case is captioned Joel and Sharon Rosenberg v. Alpha Wire company, et. al, Index No. 106697/06.

"New Jerseymesothelioma victims who have filedmesothelioma lawsuits inNew York City - the place where a significant portion of their asbestos exposure occurred. The case is captioned Joel and Sharon Rosenberg v. Alpha Wire company, et. al, Index No. 106697/06.

Mr. Rosenberg died at the age of 64 while living inJackson,New Jersey. He was a life-long electrician with the International Brotherhood of Electrical Workers ("IBEW"), Local 3 (local3.com), starting in the trade while still a teenager. Mr. Rosenberg's asbestos exposure occurred while working in the electrician trade in work sites inNew York City, including the Arthur Kill Powerhouse in Staten Island, theWorldTradeCenter,KennedyAirport andRockefellerCenter. Electricians, such as Mr. Rosenberg, sustained asbestos exposure from a variety of sources including the cutting and splicing of wire and cable that was insulated with asbestos.

Mr. Rosenberg grew up in Flushing,Queens, in a residential community built for families of Local 3 Union electricians. Mr. Rosenberg's father, who was also an electrician and a member of Local 3, died frommesothelioma in 1981. Mesothelioma is a rare asbestos cancer, which occurs primarily in the lining of the pleura (surrounding the lungs) and the peritoneum (surrounding the abdominal cavity). There are only approximately 3,000 cases ofmesothelioma diagnosed annually; in comparison approximately 160,000 case of lung cancer are diagnosed each year.

Mr. Rosenberg was diagnosed inNew Jersey with pleuralmesothelioma in April of 2006. He receivedmesothelioma treatments including specialized chemotherapy before succumbing to the disease in May of 2007. Prior to his death, Mr. Rosenberg gave sworn testimony, by videotape, which will be shown to the jury at trial. TheRosenbergmesothelioma lawsuit is being continued by Mr. Rosenberg's widow, Sharon Rosenberg, who is also a plaintiff in the case. The companies expected to stand trial in theRosenbergNew Yorkmesothelioma lawsuit include manufacturers of products causing asbestos exposure, contractors who used asbestos materials at work sites, and at least one premises owner who specified the use of asbestos materials.

The case is pending in the New York City Asbestos Litigation, nycal.net, which affords victims ofmesothelioma inNew York,New Jersey and other states the right to have theirmesothelioma lawsuit handled in an expedited fashion. The trial judge, Justice Marcy S. Friedman, presided over a similarNew Yorkmesothelioma lawsuit in 2002 involving an apprentice electrician who developedmesothelioma after working in the trade for only several years. The jury in that priorNew Yorkmesothelioma lawsuit awarded the plaintiff, John Matteson, $19.5 Million in damages.

TheNew York and New Jersey Mesothelioma Attorneys from Levy, Phillips &Konigsberg, LLP ("LPK"), www.lpklaw.com, represent theRosenberg family; LPK also represented the Matteson family in the 2002mesothelioma lawsuit. Attorneys at LPK have represented victims ofmesothelioma in lawsuits for more than 25 years. LPK provides funding for amesothelioma website dedicated to providing information to residents ofNew York andNew Jersey aboutmesothelioma, as well as people exposed to asbestos inNew York andNew Jersey, visit www.nynjmesothelioma.com.

###

This press release has been reprinted from PRWEB per the terms and conditions of the copyright notice.

 

http://www.sightseeing-america.com/a185285-new-york-mesothelioma-lawsuit-proceeds-to.cfm

 
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New Jersey – Asbestos Company – $3 Million Mesothelioma Verdict

Nation's First Industrial Talc/Asbestos Verdict

November 17, 2006

NEW BRUNSWICK,N.J., Nov. 16 /PRNewswire/ -- Industrial talc, an open-pit- mined mineral used in ceramic, paint, and paper manufacturing contains lethal, cancer-causing asbestos fibers responsible for a pottery artisan's fatalmesothelioma, a jury ruled today in the first-ever U.S. verdict connecting industrial talc withasbestos-related cancer, the national toxic tort law firm Levy Phillips &Konigsberg, LLP announced.

More than $3 million in compensatory damages were awarded by a Middlesex County Superior Court jury to aNew Jersey widow whose husband operated pottery studios in Skillman, Lawrenceville andLambertville,New Jersey before contracting the agonizingly painful, always fatal disease.

After a four-week trial the four-woman, two-man jury rejected claims by R.T. Vanderbilt, Incorporated ("Vanderbilt") that talc from its New York State mines contained fibers that may have looked similar to but were not a lethal form of asbestos, a position that the company has maintained for decades.Hammill & Gillespie, Inc., which sold the industrial talc, was also found liable.

In the next phase of the trial, punitive damages will be sought against the defendants. It is scheduled to begin November 28 before the Hon. Ann G. McCormick, according to Attorney MosheMaimon, Esq., of Levy Phillips &Konigsberg, LLP who represents the estate of pottery artisan Peter Stanley Hirsch.

An active outdoorsman who enjoyed rock climbing, mountain climbing, hiking, sailing and skiing before contractingmesothelioma, Hirsch attendedPrincetonHigh School before graduating fromHarvardUniversity in 1972 with a degree in Engineering and Applied Physics. Hirsch built the first pottery kiln at Harvard in 1970, as part of an extra-curricular program.

After three years of marketing for a high-tech Princeton-based company, Hirsch started "Rock Brook Pottery," first in Lawrenceville, then in Skillman and finally at the Lace Works on N.J. Route 29 in Lambertville. After Hirsch closed the Lambertville studio in 1982 he worked in marketing/sales for three other Princeton-area high-tech firms, then as a self-employed organizational and marketing consultant until he was no longer able work, according to court documents and testimony.

Hirsch's exposure to asbestos-contaminated industrial talc occurred during the seven years he operated pottery studios, personally mixing glazes containing Vanderbilt's NYTAL(R) 100 industrial talc purchased fromHammill & Gillespie, Inc.,Livingston,New Jersey, among other sources. Hirsch purchased NYTAL(R) 100 talc in 50-to-100-pound bags during this period. Each time he opened a bag of Vanderbilt talc, scooped or poured out contents it generated very fine dust that was suspended in the air until it landed on the floor or Hirsch's clothes,Maimon said.

"This first-everU.S. verdict finally -- and decisively -- proves that industrial talc from Vanderbilt'sNew YorkState mines contains lethal asbestos fibers.New Jersey jurors have sent out a powerful, clear message to Vanderbilt and other companies that mine, mill or market industrial talc. Not only must their own workers be protected from lung disease, end users and others who come into contact with the product must be warned properly of the carcinogenic fibers lurking in this dusty powder used in so many manufacturing applications,"Maimon said.

"Vanderbilt should immediately edit its Web site and printed materials to eliminate its claim thatNew YorkState industrial talc is safe and has no carcinogenic effects,"Maimon added.

In addition toMaimon, Carmen Victoria St. George, Esq., of Levy Phillips &Konigsberg, LLP, and ArnoldLakind, Esq., ofSzaferman,Lakind, Blumstein,Blader &Lehmann, P.C.,Lawrenceville,New Jersey, represent the plaintiff.

   SUPERIOR COURT OFNEW JERSEY - LAW DIVISION:MIDDLESEXCOUNTY
   DOCKET NO : MID-L-2706-03AS; BONNIE L. PARKER, individually and as
   Executrix and the Executrix adProsequendum of the ESTATE OF PETER STANLEY
   HIRSCH VS R.T. VANDERBILT COMPANY, INC, ET AL.

SOURCE Levy Phillips &Konigsberg, LLP

http://insurancenewsnet.com/article.aspx?n=1&neID=200611161680.2_a517004d432807f9

 
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New Jersey – Asbestos Company – $1.3 Million Asbestos Claim

Plaintiffs Lawyers Seek New Trial After Contrite Juror E-Mails to Say He Changed His Vote

Henry Gottlieb

New Jersey Law Journal

April 13, 2010

A plaintiff whose$1.3 million asbestos claim was no-caused by a jury has asked for a new trial because a juror confessed he switched his vote at the end of the 10-hour deliberation, saying that otherwise, "we would've never gotten out of there."

TheHudson County,N.J., jury found by a 7-1 vote that the widow ofPATH railroad worker Alan Olson failed to prove that the company'shandling of asbestos hazards was negligent and caused hisdeath by lung cancer. The defense blamed the death on his 31 years of smoking.

Six days after the March 16 verdict, the plaintiffs lawyers atWilentz, Goldman & Spitzer inWoodbridge,N.J., received an e-mail from a male juror saying the panel did believe asbestos played a role and that he and others were on the plaintiff's side before he changed his vote in the case,Olson v.Port Authority Trans Hudson Corp., HUD-L-1577-07.

"I wish I would've kept my Vote for the family I think about it everyday it shouldn't be like that ... then I feel like we would've never gotten out of there,"Wilentz Goldman's Gregory Shaffer quoted the juror as saying in the March 22 e-mail, which was both apologetic and ungrammatical.

The e-mail also said, "We all new [sic] smoking had a part in it but asbestos/fumes had its roll [sic] as well."

Shaffer excerpted the message without identifying the juror in a brief askingHudson County Superior Court Judge BernadetteDeCastro to order a new trial. The grounds: the jury did not fulfill its sworn function to base its decision on the facts.

A 6-2 vote is insufficient for a verdict underNew Jersey law requiring agreement by five-sixths of a civil panel.

Shaffer said in an interview on Thursday that the e-mail was a bit incoherent. Nonetheless, he concluded in his brief that it supported the idea that extraneous concerns, not the evidence, tainted the deliberations.

"On its face, this juror is stating that he had decided for the plaintiff," Shaffer's brief says. "He is stating thatasbestos/fumes had its role in a strict comparative case. Yet, he is stating that he did not fulfill his sworn duty to vote on the case based upon his determination of the facts. Rather, he wanted to get out of there."

"Furthermore, this juror reveals that his fellow jurors did not fulfill their function as well," Schaffer's brief says. "On its face, this juror witnessed that the other jurors did not vote as they had determined the facts to be."

The e-mail included expressions of sympathy and sorrow and barbs against other members of the panel of three women and five men, though it's hard to glean from the message exactly what did happen.

"I just want to send my deepest apologies for my part in the Olson case," the juror wrote. "It was a common sense case and we had two jurors who had none. At one point we were 6-2 for the family. I did everything in my power to change their vote but nothing worked. I just didn't understand how it was so easy for us to say no and then yes for theOlsons. I just don't understand."

"It's not like the family was going to get 100 percent anyway," the juror wrote.

The first question on the jury verdict sheet asked whether the plaintiff had proven thatPATH was negligent in failing to provide a reasonably safe workplace.

The jury's "no" obviated its need to deliberate further on the question of whether such a failure contributed to the decedent's injury. Or whether Olson contributed to his own injury and what the comparative percentages and the damages were.

Defense counsel DavidKostus of SegalMcCambridge Singer & Mahoney inJersey City declined to comment in advance ofPATH's response to the motion, due April 20.

Shaffer declines to speculate on what the judge might do, but he says the e-mail itself could be grounds for a new trial, even without an inquiry that would involve the questioning of the juror who wrote the message or other panelists.

In "Twelve Angry Men," a craven juror, portrayed by Jack Warden in the movie version, changed his vote to speed things along so he could go to a Yankee game.

But none of the dozens of cases cited in the annotations toNew Jersey Rule of Evidence 606 appear to have a scenario similar to this one: A juror who changed a vote to speed things along, felt remorse later and confessed in an e-mail.

The case law suggests that inquiries by judges to peek into a jury's deliberations at the request of lawyers who don't like the outcome are frowned upon unless there is evidence of overt influence on a juror by a fellow panelist or someone outside the case.

If Shaffer has his way, an argument over the e-mail will become unnecessary. He alleged five trial errors in his motion for a do-over and asked for a judgment notwithstanding the verdict on nine other grounds.

Anne Olson, as administrator of Alan's estate, claimed that his2004 death of lung cancer at the age of 47 was caused by his exposure to asbestos from 1986 to 2004 when he worked atPATH as a sanitation and rail maintenance worker in stations, tunnels and yards.

Shaffer and co-counsel AngeloCifaldi presented evidence during the three-week trial thatPATH's monitoring and control of asbestos and diesel fumes in its facilities were deficient and that it kept its workers in the dark about how to avoid the risks of exposure.

They also presented witnesses, including doctors, to support the allegation that Olson'scancer was caused by asbestos exposure.

A plaintiff's expert pegged thedamages in loss wages and services to his family at more than $1.3 million.

The defense presented evidence that Olson's cancer was caused by three decades of smoking, starting at age 16, and thatPATH's workplace safety programs included measures to protect employees.

http://www.law.com/jsp/article.jsp?id=1202447955919&Plaintiffs_Lawyers_Seek_New_Trial_After_Contrite_Juror_EMails_to_Say_He_Changed_His_Vote

 
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New Jersey – Second Hand Exposure – Mesothelioma Verdict 

Secondhand Asbestos

By Chung,Huhnsik,Voses, Marc S
Publication: Risk Management
Date: Tuesday, July 1 2008

Asbestos litigation has come a long way since the case ofBoret v.Fibreboard Paper Products Corp. was filed inBeaumont,Texas in 1966. Recent analysis of asbestos liabilities indicates a downward trend. Towers Perrin reported that insured asbestos losses increased in 2006 by approximately $1.9 billion,

but that increase was comparatively lower than the increases of $10.2 billion in 2003, $7.3 billion in 2004 and $7.0 billion in 2005. Similarly, a November 2007 A.M. Best report indicates that the insurance industry's asbestos losses have peaked.

New developments, however, may stimulate another wave of asbestos litigation seeking to hold employers liable for the secondhand asbestos exposure of employees' household members. secondhand exposure claims are asserted not by people exposed to asbestos dust and fibers while working, but by household members who allege that they contracted an asbestos-related disease from asbestos brought into the home on the clothes or body of family members whose exposure occurred at the workplace. Verdicts in this area, coupled with a lack of unanimity at the state court with respect to employers' liability for secondhand exposure, may provide fertile ground for future lawsuits.

In 2005, aTexas jury awarded $25.7 million to a woman who allegedlydevelopedmesothelioma as a result of laundering her husband's asbestos-laden work clothes. The jury found that the employer acted with gross negligence in failing to protect its workers and their household members against asbestos exposure. They awarded her $13.7 million in compensatory damages and $12 million in punitive damages.

Similarly, a secondhand exposure lawsuit in aNew Jersey state court resulted in a February 2008 jury award of $30.3 million to the family of MarkButtitta whodied frommesothelioma. During trial, attorneys for theButtitta family argued that he was exposed to asbestos while working summers at an auto parts warehouse and in his home from asbestos fibers that clung to his father's and brothers' work clothes. WhileButtitta may have been exposed to asbestos in the workplace, his secondhand household exposure claim also made it to the jury. These cases and others like them are significant because they represent a shift from the typical asbestos plaintiff.

This shift in asbestos plaintiffs is highlighted by the case of Amanda Satterfield whosuccumbed tomesothelioma at the age of 25. From all indications, she was never exposed to asbestos in a workplace. Satterfield's attorneys argued that her father, who hauled asbestos beginning in 1973, inadvertently brought asbestos fibers that clung to his work clothes into their home. The case has made its way to the Tennessee Supreme Court, which heard oral arguments in early this year. Satterfield's case begs the question: how many other people in their 20s or 30s have active or latent asbestos related diseases from secondhand household exposure?

While there were also prior secondhand exposure cases, these recent ones provide fodder for the ongoing legal debate as to whether liability should extend to claims by workers' household members who develop asbestos-related diseases from secondhand exposure. Prior cases demonstrate that courts facing this issue are divided. For example, courts inNew Jersey,Louisiana andTexas have held that the danger to household members from secondhand exposure was foreseeable and employers may be held liable for resulting injuries. On the other hand, courts inNew York andGeorgia have found that employers have no liability for asbestos-related injuries from secondhand exposure. Moreover, the absence of case law on the issue of employer liability for the secondhand exposure of household members in many states provides plaintiffs with an abundance of venues in which to bring suit.

The development of case law and verdicts in secondhand exposure lawsuits will be the determining factor as to whether these cases gain sufficient momentum to be deemed a new phase in the history of asbestos litigation. Studies may indicate that asbestos-related liabilities are down, but do not count them out just yet.

http://www.allbusiness.com/legal/torts-damages/11487104-1.html

 
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New Jersey – Asbestos Related Deaths

Camco Is 6th In Asbestos Deaths

Study predicts number of cases will increase

Mar 4, 2004 |Cherry Hill Courier Post

 

A new study ranksCamdenCounty as having the sixth-mostasbestos-related deaths in the nation.

Only counties with major citiesLos Angeles,Chicago,Philadelphia,Seattle andHouston had more deaths, according to the analysis of government health statistics by the Environmental Working Group.

In effect, the study suggests many of the region's elderly residents, the shipyard, refinery and factory workers of the past are paying with their health for the region's industrial might.

Jack Higgins was a longtimeCamden city resident and worked in maintenance departments at twoCamden shipyards and RCA. He was 80 when he died in 1997.

"You had to sit and watch the body deteriorate while the mind was sharp as a tack. It was heartbreaking," said his son, Timothy Higgins, aCollingswood attorney. He added his father had to use bottled oxygen the last years of his life.

"He would describe it as if he were drowning, like he was under water and couldn't breathe," Higgins said.

Camden County, which had an estimated 458 to 532 deaths between 1979 and 2001, even ranked just ahead of Somerset County, once home to the largest asbestos manufacturing plant in North America, owned by the Johns-Manville Corp.

The analysis, released today by the Washington, D.C.-based group, predicts the number of deaths will continue to rise as latency periods for some of the most serious forms of asbestos-related diseases end.

The analysis of government statistics lists 10 otherNew Jersey counties among the top 100 with the most asbestos-related deaths.GloucesterCounty ranked 50th andBurlingtonCounty is 59th.

Gregg Shivers is aCherry Hill lawyer whose firm has represented some 2,000 asbestos-related injury cases over the past 15 years.

He was surprised byCamdenCounty's high ranking, but said large numbers of county residents once worked in industries that used or made asbestos.

Camden's now-defunct New York Shipyard, for example, used asbestos in ship insulation, and Owens-Corning once manufactured asbestos insulation inBerlin, he said.

Anthony Olivo, 83, is a longtime Deptford resident. He worked around asbestos for 40 years as a pipe welder.

He says he has been coping well with the asbestosis, scarring of the lungs, that he contracted from decades of exposure. But he feels deeply responsible for the death of his wife, Eleanor, of mesothelioma, a cancer of the lining of the lung linked directly to asbestos.

She died at the age of 82, less than two years after her diagnosis. She was exposed to the fibers from washing her husband's work clothes.

"Had I known, I would have thrown the clothes away and put a new set of clothes on," he said, crying in the living room of their small Cape Cod cottage where his wife spent her last days.

"I don't know why the good Lord didn't give it back to me. She didn't deserve what she got," he said.

The study comes at a time when Congress is debating financial bailout plans for asbestos manufacturers and their insurers.

Asbestos use and exposure peaked in the mid-1970s, the study said.

At that time, more than 3,000 consumer and industrial products contained asbestos, asbestos factories were polluting neighborhoods, workers were exposed on the job and bringing asbestos fibers home to their families. Asbestos was also widely used in many buildings, including factories and schools.

But asbestos-related diseases have a 20- to 50-year latency period, meaning a substantial portion of those exposed in the 1960s and 1970s are just now getting sick or showing up in government statistics, the study concludes.

Shivers expects an increase in the numbers of lung cancer and mesothelioma cases his firm will handle over the next decade because of the long latency periods for these diseases.

During the study period, at least 43,000 Americans died from mesothelioma and asbestosis. But the Environmental Working Group maintains the number could be much higher.

"The actual number of deaths from these two diseases could easily be twice as high due to chronic misdiagnoses of both diseases and the absence of federal tracking for mesothelioma for nearly all of the time period analyzed," the study reported.

The study adds that lung cancer deaths from asbestos exposure are not reported at all and asbestosis, a non-cancer disease, is still "dramatically underreported, even in worker populations where asbestos exposure is well established."

The federal government banned many uses of asbestos in the early 1980s, including use in ranges and ovens, refrigerators, dishwashers, deep fryers, electric blankets and popcorn poppers.

At the same time, asbestos remains widely used in brake shoes and roofing products, and can still be found in a number of other products, including cement wallboard, heating duct insulation, boiler insulation, vinyl floor tile and sheet flooring and pipe insulation, the study asserts. It also notes that these products are not required to be labeled as containing asbestos. The group is looking for a complete ban.

 

Cherry Hill Courier Post

 
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New Jersey – Asbestos Deaths

Asbestos Diseases Viewed As 'Epidemic'

Study finds 100,000 will die in 10 years

Mar 4, 2004 | Star Ledger

 

TheUnited States is facing an "epidemic" of asbestos-caused diseases, with some 100,000 people expected to die in the next decade from their past exposure to the dangerous substance, according an analysis of health data by an environmental organization. 

"Ten thousand Americans die each year a rate approaching 30 deaths per day from diseases caused by asbestos," said a report to be issued today by the Environmental Working Group Action Fund. 

"Asbestos kills thousands more people than skin cancer each year, and nearly the number that are slain in assaults with firearms," said the environmental group. 

The study comes as the Senate is preparing to debate legislation that would nullify tens of thousands of asbestos lawsuits and transfer all pending and future claims to a newly created $108 billion victims compensation fund financed by manufacturers and insurance companies. 

The Senate is expected to take up this bill at the end of this month or in early April. The measure is backed by the business community, which is seeking to cap its liability and get out from under a flood of lawsuits, but it faces opposition from organized labor and trial lawyers who argue the fund will shortchange victims. 

The report, based on an analysis of more than two decades of government mortality records and epidemiological studies, said the 20- to 50-year latency period for asbestos diseases means that a substantial portion of individuals exposed in the 1960s and 1970s are now just showing up. 

"EWG Action Fund projects that over the next decade, fourasbestos-related diseases 
mesothelioma, asbestosis, lung cancer and gastrointestinal cancer will claim the lives of over 100,000 Americans," said the report. 

"The epidemic is national in scope, affecting every state. And for every life claimed, many more will be compromised by an array of serious, if nonfatal, asbestos-caused illnesses," the report said. 

The study notes thatNew Jersey was a prime destination for asbestos mined inMontana, with some 338,000 tons shipped to the state between 1948 and 1993 for use in factories such as the Johns Manville plant inSomersetCounty and W.R. Grace plants in Edgewater andTrenton. 

The environmental group said the government data showed at least 2,775 people inNew Jersey were killed by asbestos from 1979 to 2001, the sixth-highest total among the 50 states. It added that its research suggests the number of deaths could be as much as double that figure because of chronic misdiagnosis of asbestosis and mesothelioma and the absence of federal tracking for mesothelioma for nearly all the time period analyzed. 

Asbestos is a fibrous mineral that was once used widely in many industrial processes because of its fire-retardant and insulating properties. The report said in the mid-1970s, more than 3,000 consumer and industrial products contained asbestos, asbestos product factories polluted neighborhoods and workers were heavily exposed on the job. 

When inhaled, asbestos fibers can cause lung disease and cancer. As a result, its use has been sharply curtailed in recent years, though it is still found in vehicle braking systems, asphalt roof coatings and gaskets. 

EWG Action Fund, a nonprofit, nonpartisan public interest group that focuses on researching toxins in the environment, said in its report that hazardous conditions persist today, even in workplaces where asbestos use is regulated. 

Asbestos diseases overwhelmingly affect older men, according to the study. It found deaths from asbestos have been increasing steadily for the last 20 years in theUnited States, are still on the rise and will peak around 2015. 

The study also said the highest death toll has come from asbestosis and mesothelioma. But it said the mortality rate of asbestosis was three times greater than the rate of mesothelioma between 1979 and 2001. 

More than 625,000 people have filed lawsuits for asbestos-related injuries over the years. By the end of 2000, businesses and insurers had paid out more than $54 billion in claims, according to a 2002 Rand Corp. study. 

Rand found that more than 300,000 cases were still pending and another 500,000 to 2.4 million claims could be filed in the years ahead, costing businesses upward of $210 billion. There are more than 3,000 asbestos lawsuits pending in theNew Jersey court system. 

In addition, 67 companies have filed for bankruptcy because of their asbestos liabilities, and additional companies are likely to seek Chapter 11 protection. 

The defunctNew Jersey-based Johns-Manville Corp. was the world's largest producer of asbestos when it declared bankruptcy in 1982 after being overwhelmed by lawsuits from people who had become sick from asbestos exposure. The company established a trust fund in 1988 that is paying only 5 percent of the value of the claims against it to reserve funds for future victims. As of October, the fund had settled 570,000 damage claims for $3.2 billion and had 43,000 claims pending. 

One major bankruptcy case now pending in federal court inNew Jersey involves five companies -- W.R. Grace, Owens-Corning, Armstrong World, U.S. Gypsum and Federal Mogul. All five firms sought bankruptcy protection after facing huge claims from those injured by asbestos exposure. 

Two years ago, U.S. District Judge Alfred Wolin was assigned to try to resolve the extremely complicated case, but tactics he employed to move it along have been challenged by some of the parties who want him removed from the case. A federal appeals court is reviewing that issue.

 

Star Ledger
 
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New Jersey – Second-Hand Exposure - Mesothelioma Lawsuit

Court Revives 'Second-Hand' Asbestos Case

 

Dec 3, 2004 |New York Law Journal

 

The Port Authority of New York andNew Jersey may be liable for injuries resulting from "second-hand" exposure to asbestos at its work sites, the Appellate Division, First Department, ruled yesterday.

Reversing Justice Helen E. Freedman's grant of summary judgment in favor of the Port Authority, the appellate court concluded that the Manhattan Supreme Court "erred in holding that the Port Authority owed no duty to the wife as a matter of law on the ground that an employer's duty to provide employees with a safe workplace did not extend to non-employees exposed to asbestos off premises."

Elizabeth Holdampf, a 59-year-old housewife fromQueens, initiated an action against the Port Authority and more than 20 other defendants after being diagnosed in 2001 withmesothelioma, a usually fatal form of cancer associated with exposure to asbestos dust. All of the defendants except for the Port Authority � mostly manufacturers of asbestos or products that require asbestos � have settled or been dismissed from the case.

Ms. Holdampf's husband, John, worked as a mechanic at the Port Authority from 1960 until 1996 and was exposed to asbestos at at least eight of its sites, including theWorldTradeCenter, theHolland andLincoln tunnels and all three major New York-area airports.

Mr. Holdampf, who does not have cancer, wore his work clothes home each evening, Mrs. Holdampf alleges, and her repeated exposure while laundering his contaminated clothing for 30 years caused her cancer.

Ms. Holdampf claimed that the Port Authority was negligent for "failing to warn its employees and 'other persons who were reasonably and foreseeably known to come into contact with the asbestos-containing products' against the dangers associated with exposure to asbestos," Justice Luis A. Gonzalez wrote in Holdampf v. A.C.S. Inc., 3478.

The decision will be published Thursday.

In its motion for summary judgment, the Port Authority contended that liability did not attach because Ms. Holdampf's exposure was not connected to her personally being employed at any Port Authority site. Neither common law nor statutory duty extends to non-employees, the defense argued, citing Widera v. Ettco Wire and Cable Corp., 204 AD 2d 306.

In a one-sentence short order form, the Supreme Court granted the Port Authority's motion, "based on [the] Widera case and absence of duty to plaintiffs."

In a 21-page ruling overturning that decision, the appeals panel relied on the principles of foreseeability that descend from the seminal case Palsgraf v. Long Island Rail Road Co., 248 NY 339.

In deciding on duty of care, Justice Gonzalez said, a court should look at such factors as the relationship of the parties, whether the accident was foreseeable and, citing Palsgraf, "whether the plaintiff was within the zone of foreseeable harm."

The Port Authority ignored this line of precedent, Justice Gonzalez wrote, and based its application for summary relief "almost exclusively on the Widera rationale that an employer owes no duty of care to non-employees outside the workplace."

That was misguided, the panel found, since Widera was distinguishable. That case, filed on behalf of an infant plaintiff who had been exposed to chemicals as a result of a pregnant mother's washing of work clothes, "involved the unique question of a tortfeasor's liability to an infant for injuries occurring while in utero."

The court also declined to "subscribe to such a narrow view of common-law negligence" as Widera's, one that precludes liability from extending "to any non-employees for injuries resulting from dangerous substances escaping from its premises."

Attorneys for the Port Authority could not be reached for comment.

 

New York Law Journal
 
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New Jersey – Asbestos Lawsuit

Pt. Pleasant man says he was exposed to asbestos on boat
4/20/2010 2:00 PM By Kelly Holleran  -Cabell Bureau

HUNTINGTON -- APoint Pleasant man has filed suit against his employer, alleging he was exposed to asbestos fibers while at work on a boat.

Martin Randall Woodall Jr. claims he worked on the M/V Leila Shearer, owned by defendant Campbell Transportation Company, in December 2008 when he learned that the vessel had temporarily been taken out of service for asbestos abatement.

Prior to and after learning of the asbestos abatement, Woodall suffered from lung dysfunction, according to the complaint filed Feb. 24 in U.S. District Court for the Southern District of West Virginia. He blames his lung dysfunction and other problems on the asbestos fibers to which he was exposed.

For example, Woodall claims he became sick, sore, lame and disordered; lost wages and his earning capacity; experienced pain and suffering; incurred substantial medical costs; and sustained disability because of his exposure.

He alleges unseaworthiness, negligence and maintenance and cure against Campbell Transportation Company.

Woodall is seeking compensatory damages, plus attorneys' fees and other costs.

Matthew L. Clark of Kayser, Layne and Clark inPoint Pleasant will be representing him.

U.S. District Court case number: 3:10-cv-182

http://www.wvrecord.com/news/226146-pt.-pleasant-man-says-he-was-exposed-to-asbestos-on-boat

 
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New Jersey - Asbestos Company - Asbestos Death

PATH worker's widow wants new trial on asbestos death suit

By Melissa Hayes/TheJersey Journal

April 26, 2010, 9:58AM

DYLAN WILSON / THE JERSEY JOURNALThe interior of a PATH train.

The wife of a deceased PATH maintenance worker is seeking a new trial after a juror admitted to siding with the Port Authority in an asbestos case to expedite deliberations.

Anne Olson, ofPalisadesPark, is seeking $1.3 million in damages from the Port Authority, alleging that her husband Alan Olson's lung cancer was the result of working withasbestos and inhaling diesel fumes.

Gregory Shaffer, an attorney with Woodbridge-based Wilentz, Goldman & Spitzer, representing Anne Olson, filed a motion with Hudson County Superior Court Judge Bernadette DeCastro seeking a new trial after receiving an e-mail from an unidentified juror March 22.

Alan Olson worked as a PATH maintenance and sanitation worker in Hudson and Essex counties from 1986 to 2004, when hedied at age 47.

The jury voted 7-1 on March 16 against Anne Olson's claims under the Federal Employers' Liability Act that the Port Authority did not provide a safe working environment or properly warn her husband, who was a smoker, of the increased risk of lung cancer when exposed to asbestos.

Had the juror who e-mailed Shaffer not switched sides, a 6-2 vote would have been insufficient for a verdict under state law.

In his brief, Shaffer does not identify the juror, but cites the e-mail, in which the juror states, "Everything that was presented to us, I had in your favor."

According to the brief, the juror said the panel felt Olson's longtime smoking habit contributed, but also felt the asbestos and fumes in the tunnel contributed to the cancer.

"I wish I would've kept my vote for the family. I think about it every day. It shouldn't be like that," the brief quotes the juror as saying. "Then I feel like we would've never gotten out of there."

David Kostus, an attorney with Jersey City-based Segal, McCambridge, Singer & Mahony, who represents the Port Authority, said a policy prohibits him from commenting on the case.

A hearing on the motion is slated for April 30.

In a statement announcing the March 16 verdict, the Port Authority said employees are trained on handling asbestos and warned of the dangers of smoking, which Olson did for 31 years.

http://www.nj.com/hudson/index.ssf/2010/04/path_workers_widow_wants_new_t.html

 
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New Jersey - $33 Mesothelioma Verdict

Asbestos Suit Brings $33-Million Jury Award

California

April 04, 2002|LISA GIRION, TIMES STAFF WRITER

 

In what is believed to be 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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New Jersey - Asbestos Wrongful Death

 
State court affirms $30.3M award toGlenRidge family

Tuesday, April 6, 2010

BY KIBRET MARKOS

The Record - STAFF WRITER

 

A state appeals court has affirmed a $30.3 million personal-injury award to the family of a deceased Glen Ridge executive who sued his former employer for asbestos exposure.

Mark Buttitta, who worked part-time at an auto parts warehouse in Englewood in the 1970s, was diagnosed with lung cancer in 2001 and died a year later at age 50.

His family later filed a lawsuit, saying he was exposed to asbestos from the brakes and clutches stored at the warehouse, which was run by General Motors. They also sued the companies manufacturing and supplying the clutches.

A jury in Superior Court in Hackensack found in a February 2008 verdict that Buttitta’s cancer was caused by his exposure to asbestos at the warehouse. Several defendants, including GM, had settled their claim with the Buttitta family.

Borg-Warner, which supplies clutches, and asbestos mining company Asbestos Corporation Ltd. of Canada, are responsible for paying the judgment.

The companies appealed the verdict, which was upheld in a 73-page opinion by an appellate panel on Monday.

Donald MacLachlan, the attorney for the Buttitta family, said the total amount has now reached close to $40 million because of post-judgment interest.
 

A state appeals court has affirmed a $30.3 million personal-injury award to the family of a deceasedGlenRidge executive who sued his former employer for asbestos exposure.

Mark Buttitta, who worked part-time at an auto parts warehouse inEnglewood in the 1970s, was diagnosed with lung cancer in 2001 and died a year later at age 50.

His family later filed a lawsuit, saying he was exposed to asbestos from the brakes and clutches stored at the warehouse, which was run by General Motors. They also sued the companies manufacturing and supplying the clutches.

A jury in Superior Court inHackensack found in a February 2008 verdict that Buttitta’s cancer was caused by his exposure to asbestos at the warehouse. Several defendants, including GM, had settled their claim with the Buttitta family.

Borg-Warner, which supplies clutches, and asbestos mining company Asbestos Corporation Ltd. ofCanada, are responsible for paying the judgment.

The companies appealed the verdict, which was upheld in a 73-page opinion by an appellate panel on Monday.

Donald MacLachlan, the attorney for the Buttitta family, said the total amount has now reached close to $40 million because of post-judgment interest.

http://www.northjersey.com/news/040610_State_court_affirms_303M_award_to_Glen_Ridge_family.html

 
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n 1860, Thomas M. Armstrong, the son ofScotish-Irish immigrants from Londonderry, joined with John D. Glass to open a one-room shop in Pittsburgh...

 
Lion Salt Works - Enabling Works - Removal of Asbestos SheetingAdded to
Quicklist
7:51

Lion Salt Works - Enabling Works - Removal of Asbestos Sheeting

The removal of asbestos roofing sheets are part of the enabling works to prepare the site of the last working open pan salt works for restoration.

 
Asbestos in electrical work 1959Added to
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0:58

Asbestos in electrical work 1959

This was clipped from the 1959 film, Asbestos a matter of time, by the US Bureau of Mines, Department of the Interior.

 
 
Asbestos Tragedy Libby Montana 2004 USEPAAdded to
Quicklist
2:36

Asbestos Tragedy Libby Montana 2004 USEPA

Processed vermiculite from the WR Grace Libby MT Mine containedtremolite, a form ofasbestos, that was allowed to contaminate local

 
 
 
 
 
 
 
 
Video: Old Promotional Film For AsbestosAdded to
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3:45

Video: Old Promotional FilmForAsbestos

www.searchmesothelioma.net Both the government and corporate industry used promotional newsreel type films during the 1950s and 1960s topromote...

 
Introduction to Asbestos from 1959Added to
Quicklist
2:30

Introduction toAsbestos from 1959

This clip is from the 1959 film, "Asbestos: a Matter of Time," by the Bureau of Mines (US Department of the Interior.) The entire filmis..

 
 
 
 
Mesothelioma
Added to

Quicklist0:36

Mesothelioma

Mesothelioma Quick Facts

 
 
mesotheliomaAdded to
Quicklist
8:31

mesothelioma

Mesothelioma is an incurableasbestos cancer. This short film was produced to raise awareness of the issues aroundmesothelioma.

 
Pleural Mesothelioma: a foreseable and avoidable deathAdded to
Quicklist
10:01

PleuralMesothelioma: aforeseable and avoidabledeath

Epidemiologic observations on an anatomical-pathologic and clinic case study from 1997 to 2006 - Service of Preventive Medicine

 
Documentary Asbestos The Silent KillerAdded to
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4:38

Documentary AsbestosThe Silent Killer

Documentary on the effects of the exposed toasbestos.

 
 
 
Mesothelioma
Added to

Quicklist2:36

Mesothelioma

MesotheliomaCan be cured

Mesothelioma in pictures.

 
Asbestos The Silent Killer Part 1 of 3
Added to

Quicklist8:45

AsbestosThe Silent Killer Part 1 of 3

Produced by United Steelworkers Local 480 at theTeckCominco Smelter in Trail, BC, this hard-hitting documentary examines the devastatinghuman...

 
 
 
 
 
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