Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Matter of New York City Asbestos Litigation (Dummitt v A.W. Chesterton, et al.), June 28, 2016 The plaintiff, Doris Kay Dummitt, filed suit in the New York Supreme Court, alleging her husband, Ronald Dummitt, was diagnosed with and passed away from mesothelioma from asbestos exposure as a result of work as a Navy boiler technician …
In the 1970s, the plaintiff’s decedent, Dave John Konstantin, worked as a carpenter at two Manhattan construction sites where defendant Tishman Liquidating Corporation (TLC) was the general contractor. The decedent died of mesothelioma in 2012. This case was assigned with nine other cases to an in extremis trial calendar; all 10 plaintiffs were represented by …
On June 24, 2016 a NYCAL jury awarded a plaintiff, Frank Gondar, $22 million. The award was broken down $12 million for past pain and suffering and $10 million for future pain and suffering. Mr. Gondar was living and had been diagnosed with mesothelioma. He owned a part-time construction company from 1953 to 1973 and …
The plaintiff filed this personal injury lawsuit under theories of negligence and strict liability following the death of her husband from mesothelioma. The plaintiff maintained that her husband was exposed to asbestos-containing products allegedly manufactured and/or sold by Fire Brick Engineers Company, Inc. (FBE Company) from approximately 1963-69. In approximately 1983, Fire Brick Engineers Corporation …
The plaintiffs, Dwayne Bourdeaux, Gerilyn Cook, and Bryan Bourdeaux, Individually and as Proper Parties in Interest for Gerald Bourdeaux, filed suit in Louisiana alleging that Gerald Bourdeaux lung cancer diagnosis and eventual death was asbestos exposure. In support of this claim, the plaintiffs offered Dr. Gerald E. Liuzza, a pathologist, as an expert witness to …
The plaintiff, Marsha K. Dugas, as Personal Representative of the Estate of Darryl S. Dugas, filed suit in the U.S. District Court for the Middle District of Florida, Jacksonville Division, alleging that Darryl Dugas developed mesothelioma from his exposure to asbestos during the late 1960s and early 1970s, while serving in the U.S. Navy and …
The plaintiffs sued defendant Tremco, Inc. alleging asbestos exposure from tape used in the plaintiff’s profession as a plasterer. The plaintiffs alleged the development of pleural plaques and interstitial fibrosis. The jury found in favor of the plaintiffs, and Tremco appealed. The appellate court reversed the trial court’s judgment, finding that the court should have …
On June 13, 2016 a NYCAL jury awarded plaintiff $6.25 million for the death of the decedent, Vincent Geritano, who had been diagnosed with mesothelioma. The only defendants remaining at trial were Burnham and Crown Boiler Co. The jury found Burnham liable, but not Crown. Burnham was assessed 9 percent liability, with several other entities sharing the …
John H. Boyd, III, as the representative of the plaintiff and appellant Captain John H. Boyd, Jr. (deceased), appealed to the Ninth Circuit the District Court for the Central District of California’s granting of summary judgment in favor of Warren Pumps, LLC, and Air and Liquid Systems Corporation (successor in interest to Buffalo Pumps, Inc.) …
The plaintiff-decedent, Valent Rabovsky, and his wife Ann Rabovsky filed suit in the Philadelphia County Court of Common Pleas, claiming that the plaintiff-decedent, who had worked as a millwright in the 1950s, developed malignant mesothelioma from work-related exposure to asbestos and asbestos containing products, which were produced, manufactured, and/or distributed by various defendants (Case was …