Date: 10-21-2009

Case Style: Estate of Ronald Drabczyk v. Fisher Controls International

Case Number: I 2005/1583

Judge: John Lane

Court: Supreme Court, Erie County, New York

Plaintiff's Attorney: Jordan Fox, Belluck & Fox, Buffalo, New York and Michael P. Joyce of the Law Office of Michael P. Joyce in Boston, MA. The law firm of Lipsitz, Green, Scime Cambria, based in Buffalo, New York, served as co-counsel in the case.

Defendant's Attorney:

Description: 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 of the dangers of asbestos as early as 1946 but failed to place any warning on its products.

Fisher Controls, based in Marshalltown, Iowa, is a subsidiary of Emerson Electric Co., based in St. Louis, MO. Emerson is a publicly-traded company on the New York Stock Exchange under the symbol EMR. The defenses asserted by Defendant are not available.

Outcome: Plaintiff's verdict for $1.5 million. In addition to awarding Drabczyk`s estate $1.5 million in damages, the jury found that Fisher Controls acted negligently in failing to warn of the dangers associated with the valves. It found that Fisher Controls was responsible for five percent of the fault associated with his exposure and that the exposure to the valves was a substantial contributing factor in causing Drabczyk's mesothelioma. Further, the jury found that Fisher Controls acted with reckless disregard for the safety of Drabczyk. Under New York law, this finding of reckless disregard renders Fisher Controls responsible for the entire verdict, minus a set-off for prior settlements.

Plaintiff's Experts:

Defendant's Experts:

Comments: This is the first instance that Fisher Controls has been found liable for using asbestos in its products.