Asbestos Mesothelioma: Asbestos Manufacturers
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Asbestos Manufacterers – Asbestos Trades - Mesothelioma Death
Former Combustion Worker Wins $1.4 Million Asbestos Verdict
September 22, 2009 1:32 PM - newschannel9.com
Monday afternoon aHamiltonCounty jury returned a record $1.4 million dollar verdict against National Service Industries, doing business as North Brothers. The trial was believed to be only the second asbestos trial in the state ofTennessee in the last 15 years or so. The verdict is believed to be the first asbestos verdict rendered against North Brothers in any state.
The case – officially titled Marian H. Jackson, individually and as surviving spouse of Kenneth W. Jackson v. Breeding Insulation Company, Inc. et al., Hamilton County Circuit Court, Division 1, case no. 07C936 – was tried over the course of seven days. The jury of twelve then deliberated for almost two days before reaching its unanimous decision. All of the other defendants in the case except for North Brothers either settled with the plaintiff or else were dismissed prior to the trial.
Mr. Wayne Jackson worked as apipefitter at Combustion Engineering in Chatanooga from 1952-1986. During that time he was repeatedly exposed to asbestos-containing products, some of which were manufactured or sold by North Brothers. The jury found that North Brothers sold defective products to Combustion Engineering, that Mr. Jackson was exposed to North Brothers’ products, and that North Brothers’ products caused or contributed to Mr. Jackson’s development of mesothelioma (a rare form of cancer that is uniquely associated with asbestos exposure).
Among others, testifying on behalf of the plaintiffs during the trial were Jerrold Abraham, M.D. (a world renowned pathologist from SUNY), Richard Lemen, Ph.D. (an epidemiologist and former deputy director of the National Institute for Occupational Safety and Health), and Bruce Hutchinson, Ph.D. (a U.T.C. economist). The only witness who testified for North Brothers was William Dyson (an industrial hygienist).
Mrs. Jackson and theJackson family were represented by attorney Jimmy Rodgers with the law firm of Summers & Wyatt inChattanooga, along with attorneys Rett Guerry and Ben Cunningham from the Motley Rice law firm out ofCharleston,South Carolina.
According to Mr. Rodgers: “We are very appreciative of the service by the individual jurors, and that they took their time to consider the evidence. Our main regret is that the jury had no means to bring Mr. Jackson back to his wife and family.”
Added Mr. Rodgers: “This verdict represents a milestone victory for asbestos victims – not only for Combustion retirees in theChattanooga area, but also for all people exposed to asbestos throughoutTennessee and theChattanooga metropolitan area as well. Hopefully this verdict wills send a signal toasbestos manufacturers and suppliers that the days of getting away with knowingly exposingTennessee citizens and workers to poisonous and defective products is over.”