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Asbestosis Law
 
Sally Nolan v. Weil-McLain

Plaintiff, Sally Nolan, as executrix of the estate of her late husband, Clarence Nolan (decedent), sought recovery in the circuit court of Vermilion County against defendant, Weil-McLain, for the wrongful death of her husband. The jury returned a verdict for plaintiff, and a majority of the appellate court affirmed. 365 Ill. App. 3d 963. For the reasons that follow, we reverse the judgment of the ... More...   $0 (04-16-2009 - IL)

Astenjohnson, Inc. v. Columbia Casualty Company; American Insurance Company

Appellant AstenJohnson, Inc. (“Asten”), manufactured asbestos dryer felts and other materials used in the paper industry. Appellees Columbia Casualty Company (“Columbia”) and American Insurance Company (“American”) issued $52 million of comprehensive liability insurance to Asten in 1981 and 1982. These policies contained an exclusion from coverage for any claim alleging “an exposure ... More...   $0 (04-03-2009 - PA)

Larry Carden v. Aetna Life Insurance Compan

In paying Larry Carden monthly benefits under a long-term disability plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), Aetna Life Insurance Company, the insurer and administrator of the plan, offset workers’ compensation benefits that Carden received for an illness unrelated to his disability. Aetna relied on its reading of the plan’s offset provisions and the pla... More...   $0 (03-11-2009 - SC)

David Martin v. Cincinnati Gas and Electric Company, General Motors, General Electric Company

Dennis Martin (“Mr. Martin”) died from malignant mesothelioma on March 22, 2002. His son, David Martin (“Plaintiff”), serving as executor of his father’s estate, filed a complaint based on asbestos exposure in Kentucky state court against nine defendants. Defendants removed the case to the Eastern District of Kentucky based on diversity. After various defendants settled or were dismissed... More...   $0 (01-27-2009 - KY)

Charles E. Brewster v. Colgate-Palmolive Company and Jewish Hospital Healthcare Services

Decades after working on projects in various premises owners' buildings, an independent contractor's employee developed asbestosis, the cause of which the employee claimed arose from exposure to asbestos while working in the various buildings. Assuming that asbestos exposure occurred on the premises as the employee claimed, under what circumstances can the premises owners be held liable for the em... More...   $0 (01-25-2009 - KY)

Thomas L. Knight v. Chicago Tribune Company, Maurice Possley and Ken Armstrong

This defamation action involves a trial about a trial about a trial. Thomas Knight was an assistant State's Attorney who prosecuted Rolando Cruz for the murder of Jeanine Nicarico.

Eventually the court acquitted Cruz. Other prosecutors later charged Knight with obstruction of justice. Knight also won an acquittal. Knight then sued Maurice Possley and his employer, the Chicago Tribune, acc... More...
   $0 (09-18-2008 - IL)

Bruce A. Spillman v. Anco Insulations, Inc., et al.

In this case an employer appeals a judgment rendered against it in a survival action arising from its employee s exposure to asbestos on the job. * * * Bruce Spillman worked for Exxon in various positions from 1945 until 1986 and was exposed to asbestos in the course and scope of his employment. In May of 2005 Mr. Spillman was diagnosed with mesothelioma a fatal form of cancer caused by exposure t... More...   $0 (09-12-2008 - LA)

Barbara Jean Phillips v. E.I.DuPont de Nemours & Co.

The origins of this case trace back more than sixty years to the height of World War II when the federal government solicited Appellants E.I. DuPont de Nemours & Co., General Electric, Inc., UNC Nuclear Industries, Inc., Atlantic Richfield Co., and Rockwell International Corp., (collectively "Defendants") to operate the Hanford Nuclear Weapons Reservation ("Hanford") in southeastern Washingt... More...   $0 (04-09-2008 - WA)

Joseph and Mary Garza v. Asbestos Corporation, Ltd.

Defendant Asbestos Corporation, Limited, ("ACL") appeals a jury verdict in favor of plaintiffs Joseph and Mary Garza on their complaint for damages for personal injury and loss of consortium filed after Joseph contracted asbestosis. We affirm.

PROCEDURAL BACKGROUND

On January 26, 2005, plaintiffs filed their complaint for personal injury and loss of consortium alleging that Joseph's... More...   $0 (03-28-2008 - CA)

Xon Blackburn, et al. v. Illinois Central Railroad Company

The defendant, Illinois Central Railroad Company (the Railroad), appeals from the order of the circuit court of Marion County that entered a judgment on jury verdicts in favor of plaintiffs Delbert Copple, Carl Heinrichsmeyer, and Donald Hyatt (the plaintiffs). For the reasons set forth below, we affirm the judgment of the circuit court.

FACTS

The plaintiffs are among a group of 24 ... More...   $0 (01-30-2008 - IL)

Taleeta Carter v. State of Oklahoma

1 Appellant, Taleeta Carter, was tried by jury in the District Court of Lincoln County, Case Number CF-2004-203, before the Honorable Paul M. Vassar, and convicted of Conspiracy to Traffic Methamphetamine (Count I) in violation of 63 O.S.2001, 2-408; and Unlawful Use of Communication Facility to Facilitate a Felony (Count II) in violation of 13 O.S.Supp.2003, 176.3(8). The jury set puni... More...   $0 (01-17-2008 - OK)

John Andrew Cregg, Executor of the Estate of John I. Gregg, Jr. v. V-J-Auto Parts Company

The question presented concerns the appropriate application of the "frequency, regularity, proximity" criteria in asbestos product liability litigation. John I. Gregg, Jr. ("Mr. Gregg") died in March 1998. A year later, his son, Appellee John Andrew Gregg, as executor for his father's estate, filed a product liability complaint naming more than seventy defendants and alleging civil liabil... More...   $0 (01-03-2008 - PA)

Lyn-Ann COOMBES, administratrix vs. Roland J. FLORIO.

In this case we consider whether a physician owes a duty of care to someone other than his patient for harm caused by his failure to warn the patient of the effects of his treatment of that patient. The decedent, Kevin Coombes (Coombes), died of injuries he sustained when he was struck by an automobile driven by David Sacca. At the time of the accident Sacca was under the care of his physician,... More...   $0 (12-13-2007 - MA)

Lyn-Ann Coombes v. Roland J. Florio

In this case we consider whether a physician owes a duty of care to someone other than his patient for harm caused by his failure to warn the patient of the effects of his treatment of that patient. The decedent, Kevin Coombes, died of injuries he *184 sustained when he was struck by an automobile driven by David Sacca. At the time of the accident Sacca was under the care of his physician, the ... More...   $0 (12-10-2007 - MA)

Allstate Insurance Company and Allstate Texas Lloyd's v. John Hunter and Carmen Hunter

The primary issue we address in this appeal is whether the trial court correctly charged the jury on the manifestation trigger of coverage theory applicable to a first-party claim under a homeowner's insurance policy. Because we hold that charge error exists and because the evidence, measured against the requested correct charge, is legally insufficient, we reverse the trial court's judgment a... More...   $0 (11-25-2007 - TX)

Allstate Insurance Company and Allstate Texas Lloyd's v. John Hunter and Carmen Hunter

The primary issue we address in this appeal is whether the trial court correctly charged the jury on the manifestation trigger of coverage theory applicable to a first-party claim under a homeowner's insurance policy. Because we hold that charge error exists and because the evidence, measured against the requested correct charge, is legally insufficient, we reverse the trial court's judgment a... More...   $0 (11-25-2007 - TX)

THOMAS M. KLEIN and ANNIE J. RICE v. DEPUY, INCORPORATED, DEPUY ORTHOPAEDICS, INCORPORATED, and JOHNSON & JOHNSON

In this products liability/personal injury suit, the defendants, DePuy Orthopaedics, Inc., DePuy, Inc., and Johnson & Johnson,1 contend that North Carolina law applies and that the case must be dismissed under its six-year statute of repose. The plaintiffs, Mitch Klein and Annie Rice (her derivative claim is only for loss of consortium so we'll refer only to "Klein" as we move through our... More...   $0 (10-27-2007 - IN)

Charles E. Brewster v. Colgate-Palmolive Company and Jewish Hospital Healthcare Services, Inc.

Charles E. Brewster appeals from separate summary judgments entered by the Jefferson Circuit Court in favor of Jewish Hospital HealthCare Services, Inc., and Colgate-Palmolive Company. Brewster's claims were filed against Jewish Hospital and Colgate in 2001 following his being diagnosed with asbestosis. We affirm.

Brewster worked for numerous employers at various locations during his... More...   $0 (08-26-2007 - KY)

During the 1960s and early 1970s, Roger Herring, a member of the Asbestos Workers Union Local 7, worked for subcontractors of Todd Shipyards at Todd's work sites. Herring's asbestos exposure ultimately caused fatal mesothelioma. Before Herring died he sued Todd.

In the years between the time Herring was exposed to asbestos and when he developed mesothelioma, Todd declared bankru... More...   $0 (08-20-2007 - WA)

Family and Estate of Richard Walmach v. Foster Wheeler Corp.

The Family and Estate of Richard Walmach sued Foster Wheeler Corp. on a products liability theory for the wrongful death of Mr. Walmach who died in 2006 from mesothelioma. Walmach died after filing the suit, which claimed the company failed to disclose asbestos risks. The company is a longtime supplier of boilers, steam generators and other power equipment to the U.S. Navy. Walmach spent most ... More...   $5200000 (06-05-2007 - CA)

Sandra Kay Oney, Executor of the Estate of Sharon Vaughn Oney, deceased v. John Crane, Inc.

The Family and Estate of Vaughn Oney sued John Crane, Inc. and Garlock Sealing Technologies on a products liability theory claiming the asbestos containing product that they manufactured and sold to the United States Navy directly caused former shipyard worker Vaughn Oney to contract asbestosis and to died therefrom. Vaughn Oney, a machinist who worked at Newport News Shipbuilding for 31 years ... More...   $5500000 (04-12-2007 - VA)

Aline Ivance, Vicky Woolley, and Lindy Schluter v. Rich-Tex Inc.

Douglas Ivance died on Easter Sunday, April 20, 2003, from respiratory failure caused in part by CAPNIOSH grade 4 asbestosis and severe asbestosrelated pleural disease. The jury assigned 3.06% percent of the liability to RichTex, Inc.

Mr. Ivance was a career drywall taper throughout the San Francisco Bay Area for 47 years. He worked with asbestoscontaining drywall products, including ... More...   $868000 (03-20-2007 - CA)

Roland Leo Grenier Sr. v. General Motors and Ford Motor Company

Roland Leo Grenier Sr. sued General Motors and Ford Motor Company on a products liability theory claiming that the brake and clutch components manufactured and sold by defendants contained asbestos and caused him to develop asbestosis.

Ford and General Motors denied that any products manufactured and sold by them cause Mr. Grenier's illness. They claimed that Grenier's exposure to asbesto... More...   $2000000 (03-06-2007 - DE)

H.K. Porter Company, Inc. v. Transit Casualty Company in Receivership

H.K. Porter Company, Inc. appeals the judgment of the Circuit Court denying coverage under two insurance policies issued by Transit Casualty Company. We find that at all relevant times, including from May 1, 1982, to May 24, 1982, H.K. Porter Company, Inc. and all its subsidiaries were covered by the policy but subject to the exclusion for asbestos-related bodily injuries. The judgment is affir... More...   $0 (11-05-2006 - MO)

Thurston Hensley v. CSX

Thurston Hensley, age 67, sued CSX on a negligence theory under the Federal Employees Liability Act (FELA) for the injuries and damages that he claimed that he sustained as a direct result of being exposed to asbestos in the CSX railroad yards where he worked for 33 years as an electrician. He claimed that he developed asbestosis and toxic encephalopathy with resulting lung and brain... More...   $5000000 (10-03-2006 - TN)

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