Date: 03-28-2003

Case Style: Roby Whittington vs. United States Steel

Case Number: No. 02-L1113

Judge: Nicolas G. Byron

Court: Circuit Court 3rd Judicial Circuit

Plaintiff's Attorney:

Randall A. Bono, and Perry Browder of The Simmons Firm, L.L.C., East Alton, Illinois and Michael Brickman of Richardson, Patrick, Westbrook and Brickman, LLC Charleston, South Carolina

Defendant's Attorney:

Edward J. Matushek of Matushek & Associates, L.L.C., Chicago, Illinois and Patrick Baughman & Susan Henderson of Baughman and Assoc. Cleveland, Ohio

Description:

Products liability claim by Roby Whittington, who contracted mesothelioma, a cancer caused by asbestos exposure, as a result of exposure to asbestos while working for United States Steel from 1950 to 1981 at the company's steel mill in Gary, Indiana. Whittington has breathing problems and cannot walk long distances. The disease is invariably fatal.

Outcome: Jury in Madison County, Illinois, ordered United States Steel Corp. to pay $250 million to Roby Whittington, 70, a former employee who had been diagnosed with mesothelioma, a type of cancer associated with exposure to asbestos fibers. The verdict comprised $50 million in compensatory damages and $200 million in punitive damages. This verdict is believed to comprise the highest single-plaintiff asbestos verdict in United States history.

Plaintiff's Experts: David Egilman M.D., Arthur Frank M.D., and Myles Yenta M.D.

Defendant's Experts: Alan Feingold M.D. and William Dyson CIH

Comments: Reported by James F. Kelly