http://www.morelaw.com Asbestosis Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=IL&d=41758 Merlon Dukes, Bob Blessing and John Watkins sued Honeywell International Inc. on a products liability theory for the wrongful deaths of their husbands from asbestosis. They claimed that Honeywell International Inc, through its corporate predecessor Bendix, conspired with other companies, including UNARCO, Johns-Manville, Raybestos-Manhattan, Owens-Illinois, Owens Corning and Metropolitan Life Insu Thu, 22 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=I%202005/1583&s=NY&d=41752 The Estate of Ronald Drabczyk sued Fisher Controls International--a Division of Emerson Electric on a products liability theory claiming that the values that he repaired contain asbestos gaskets and packing that cause him to develop asbestosis. The valves were sold by Fisher to the Hooker plant where Drabczyk overhauled them from 1970-1988. The evidence at trial demonstrated that Fisher was aware Wed, 21 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A121577&s=CA&d=41242 Defendant Foster Wheeler LLC appeals from the judgment entered against it after a jury trial. Defendant contends the trial court erred in refusing to enter judgment in its favor based on the jurys positive finding on the federal government contractor defense. Defendant also claims the court erred in refusing to instruct on the sophisticated user doctrine, and that the jurys findi Fri, 11 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-1532&s=CO&d=41068 The lawsuit before us arises out of alleged radiation injuries to residents of Uravan, Colorado, a former uranium and vanadium milling town owned and operated by Defendants Union Carbide Corporation and Umetco Minerals Corporation. Plaintiffs brought an action in the United States District Court for the District of Colorado under the Price-Anderson Act of 1957, Pub. L. No. 86-256, 71 Stat. 576 (co Mon, 24 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=No.%2094,%20September%20Term,%202008&s=MD&d=40793 In the Circuit Court for Baltimore City, after a jury awarded $2,300,000 in noneconomic damages to Kelly Green,1 Petitioner, for injuries resulting from her exposure to lead-based paint, the Circuit Court entered the following ORDER: The jury in the above-captioned case on March 26, 2007, having entered verdict in the above-captioned case in favor of the Plaintiff, and said verdict being in excess Tue, 21 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-40622&s=TX&d=40371 On September 6, 2006, Plaintiff Herbert B. Pretus, Jr. (Pretus) sued his employer, Diamond Offshore Drilling Inc., and related entities (collectively, Diamond), after being diagnosed in early 2005 with a lung disorder allegedly arising out of his employment on the OCEAN CONFIDENCE and other movable ocean rigs owned by Diamond. Diamond filed a motion for partial summary judgment in whic Fri, 12 Jun 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=103137&s=IL&d=39698 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 Sat, 18 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=103137&s=IL&d=39789 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 Thu, 16 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-2305&s=PA&d=39520 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 Fri, 3 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-2165&s=SC&d=39393 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 plans offset provisions and the pla Wed, 11 Mar 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-6385&s=KY&d=38965 Dennis Martin (Mr. Martin) died from malignant mesothelioma on March 22, 2002. His son, David Martin (Plaintiff), serving as executor of his fathers 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 Tue, 27 Jan 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2006-SC-000584-DG&s=KY&d=38800 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 Sun, 25 Jan 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=00%20L%204988&s=IL&d=37241 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, accusing th Thu, 18 Sep 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2007%20CA%200763&s=LA&d=37188 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 Fri, 12 Sep 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-35648&s=WA&d=35938 The origins of this case trace back more than sixty years tothe height of World War II when the federal governmentsolicited Appellants E.I. DuPont de Nemours & Co., GeneralElectric, Inc., UNC Nuclear Industries, Inc., Atlantic RichfieldCo., and Rockwell International Corp., (collectively"Defendants") to operate the Hanford Nuclear Weapons Reservation("Hanford") in southeastern Washingt Wed, 9 Apr 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A116523&s=CA&d=35828 Defendant Asbestos Corporation, Limited, ("ACL") appeals a jury verdict in favorof plaintiffs Joseph and Mary Garza on their complaint for damages for personal injuryand loss of consortium filed after Joseph contracted asbestosis. We affirm.PROCEDURAL BACKGROUNDOn January 26, 2005, plaintiffs filed their complaint for personal injury and loss ofconsortium alleging that Joseph's expos Fri, 28 Mar 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=5-06-0618&s=IL&d=35214 The defendant, Illinois Central Railroad Company (the Railroad), appeals from theorder of the circuit court of Marion County that entered a judgment on jury verdicts in favorof plaintiffs Delbert Copple, Carl Heinrichsmeyer, and Donald Hyatt (the plaintiffs). For thereasons set forth below, we affirm the judgment of the circuit court.FACTSThe plaintiffs are among a group of 24 plaint Wed, 30 Jan 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2008%20OK%20CR%202&s=OK&d=35148 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 punishm Thu, 17 Jan 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=J-68-2007&s=PA&d=34842 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 liabilitycomplaint naming more than seventy defendants and alleging civil liability Thu, 3 Jan 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SJC-09869&s=MA&d=34598 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, th Thu, 13 Dec 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=450%20Mass.%20182%20(2007)&s=MA&d=34824 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 def Mon, 10 Dec 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2-07-027-CV&s=TX&d=34418 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 and Sun, 25 Nov 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2-07-027-CV&s=TX&d=34417 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 and Sun, 25 Nov 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-1493&s=IN&d=34207 In this products liability/personalinjury suit, the defendants, DePuy Orthopaedics, Inc.,DePuy, Inc., and Johnson & Johnson,1 contend that NorthCarolina law applies and that the case must be dismissed under its six-year statute of repose. The plaintiffs, MitchKlein and Annie Rice (her derivative claim is only forloss of consortium so we'll refer only to "Klein" as wemove through our op Sat, 27 Oct 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2004-CA-002681-MR&s=KY&d=33688 Charles E. Brewster appeals fromseparate summary judgments entered by the Jefferson Circuit Court in favor of Jewish Hospital HealthCare Services, Inc., andColgate-Palmolive Company. Brewster's claims were filed againstJewish Hospital and Colgate in 2001 following his beingdiagnosed with asbestosis. We affirm.Brewster worked for numerous employers at variouslocations during his emplo Sun, 26 Aug 2007 00:00:00 CST