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Mesothelioma Law
Union Carbide Corporation v. William P. Aubin

Union Carbide Corporation (“Union Carbide”) appeals from a final judgment awarding Aubin $6,624,150 in damages on his asbestos-related, products liability claims. Because Aubin failed to present any evidence demonstrating that the defective design of SG-210 Calidria caused Aubin’s harm, peritoneal mesothelioma, we reverse the trial court’s denial of Union Carbide’s motion for a directed ... More...   $0 (08-23-2012 - FL)

Union Carbide Corporation v. Daisey E. Synatzske

Appellant, Union Carbide Corporation (“Union Carbide”), has filed a motion for rehearing and for en banc reconsideration of this Court’s June 30, 2011 opinion.2 A majority of the Court has voted to grant en banc consideration. We withdraw our opinion and judgment of June 30, 2011, and we substitute this opinion and judgment in their place.

In this interlocutory appeal,3 Union Carbid... More...
   $0 (06-28-2012 - TX)

Union Carbide Corporation v. William P. Aubin

Union Carbide Corporation (“Union Carbide”) appeals from a final judgment awarding William P. Aubin (“Aubin”) $6,624,150 in damages on his asbestos-related, products liability claims. Because Aubin failed to present any evidence demonstrating that the defective design of SG-210 Calidria caused Aubin’s harm, peritoneal mesothelioma, we reverse the trial court’s denial of Union Carbide... More...   $0 (06-22-2012 - FL)

Patricia Casey v. Perini Corporation

The trial court granted summary judgment to respondent Perini Corporation (Perini),1 resulting in the dismissal of an asbestos action filed against it by appellant Patricia Casey and her late husband John Casey (plaintiffs).2 On appeal, plaintiffs contend that the trial court erred by failing to find that Perini did not meet its initial burden of production of evidence in support of its summary ju... More...   $0 (06-13-2012 - CA)

Sandra Leonard v. John Crane, Inc.

Our law recognizes that when a spouse suffers a personal injury, the marital partner may likewise suffer injury as a consequence. In this case, appellant Sandra Leonard‘s husband, John Leonard, was diagnosed with mesothelioma, a progressive and fatal disease related to asbestos exposure. Sandra and John1 were married at the time of his diagnosis, but not at the time of his exposure to asbestos-c... More...   $0 (06-13-2012 - CA)

Fern Barker v. Hennessy Industries, Inc.

The trial court granted summary judgment in favor of defendant and respondent Hennessy Industries, Inc. (Hennessy) on the asbestos-related wrongful death complaint filed by plaintiffs and appellants Fern Barker, James Barker, Carmen Barker and Tamara Worthen (appellants), the widow and surviving children of decedent Richard Barker (Barker). Hennessy manufactured machines Barker had used in his wor... More...   $0 (05-22-2012 - CA)

Rita Bettencourt v. Hennessy Industries, Inc.

These consolidated appeals seek reversal of judgments entered in favor of respondent Hennessy Industries, Inc. (Hennessy).1 Hennessy, the manufacturer of brake shoe grinding machines, is one of a large number of defendants against whom plaintiffs brought personal injury or wrongful death and survival actions. Plaintiffs claimed the use of Hennessy‘s machines to grind asbestos-containing brake li... More...   $0 (05-04-2012 - CA)

University of Maryland Medical Systems Corporation v. Giuseppina Muti

Presented here are claims asserted under the Wrongful Death Statute, Maryland Code (1974, 2006 Repl. Vol.), §§ 3-901 through 3-904 of the Courts and Judicial Proceedings Article (CJ). The plaintiffs are the widow of the decedent and the adult children of her marriage with the decedent. They did not identify in their complaint, or notify, a stepson whom the decedent had adopted during a prior mar... More...   $0 (05-03-2012 - MD)

Marilyn Davis v. Foster Wheeler Energy Corporation

Plaintiffs and appellants Marilyn Davis, John Davis, Tim Davis, and Jeff Davis appeal from the judgment entered in favor of defendant and respondent Foster Wheeler Energy Corporation, after Foster Wheeler's motion for summary judgment was granted. We affirm.


In the 1960's, Ronald Davis (husband to Marilyn and father to the other plaintiffs) worked at the Shell Chemical pla... More...
   $0 (04-26-2012 - CA)

Leonard Shields v. Hennessy Industries, Inc.

The plaintiffs in these consolidated actions appeal from judgments on the pleadings in favor of defendant Hennessy Industries, Inc. (Hennessy), the manufacturer of a brake arcing machine. Each of the plaintiffs alleged Hennessy‟s machine was designed and used exclusively for the purpose of shaping, by grinding action, brake linings that were manufactured by others, but contained asbestos fibers ... More...   $0 (04-20-2012 - CA)

Gordon Bankhead v. Arvinmeritor, Inc.

In this asbestos personal injury case, a jury found ArvinMeritor, Inc. (ArvinMeritor) liable to Gordon and Emily Bankhead1 for compensatory and punitive damages. On appeal, ArvinMeritor does not challenge the jury‟s verdicts as to liability or the amount of compensatory damages. It contends only that the trial court erred in declining to reduce the amount of punitive damages awarded by the jury.... More...   $0 (04-19-2012 - CA)

Vicki L. Pounder v. Enserch E&C, Inc.

¶1 The appeal in this wrongful death case requires us to employ choice-of-law principles to determine whether the substantive law of Arizona or New Mexico applies. If we agree with the trial court that New Mexico law applies, we then must decide whether the court properly applied New Mexico’s statute of repose to find that suit is barred against Appellees. For the reasons that follow, we affirm... More...   $0 (04-17-2012 - AZ)

Cynthia Simpkins v. CSX Transportation, Inc.

¶ 1 Plaintiff, Annette Simpkins, filed a three-count complaint against defendant, CSX Transportation (CSXT), alleging negligence, wanton and willful conduct, and strict liability for her exposure to take-home asbestos on the clothing of her husband, who worked for defendants from 1958 to 1964. Annette Simpkins died of mesothelioma and her daughter, Cynthia Simpkins, was substituted as the plainti... More...   $0 (03-22-2012 - IL)

John Crane, Inc. v. Margaret Diane Hardick

Among the several issues we address in this appeal is whether the Circuit Court of the City of Newport News ("trial court") erred when it permitted the jury to award nonpecuniary damages in a wrongful death action of a Navy sailor for asbestos exposure that occurred both in territorial waters and on the high seas.

I. Facts and Proceedings Below

Robert Eugene Hardick ("Hardick") filed... More...
   $5977482 (03-02-2012 - va)

Rachel Flores v. Kmart Corporation

Under federal bankruptcy law, the discharge of liability for an unliquidated, contingent or unmatured claim can bar a suit to collect a debt. (11 U.S.C. §§ 101(2), 524(a), 1141(d)(1)(A).1) In this case, Martin Flores, according to the first amended complaint, was exposed to asbestos in 1989 while performing construction work in a store operated by defendant, Kmart Corporation. On January 22, 200... More...   $0 (01-25-2012 - CA)

Barbara J. O'Neil v. Crane Co.

This case involves the limits of a manufacturer’s duty to prevent foreseeable harm related to its product: When is a product manufacturer liable for injuries caused by adjacent products or replacement parts that were made by others and used in conjunction with the defendant’s product? We hold that a product manufacturer may not be held liable in strict liability or negligence for harm caused b... More...   $0 (01-12-2012 - CA)

Roger E. Hammett, Jr. v. Sea Land Service, Inc.

Roger E. Hammett, Jr., age 84 and his wife sued Sea-Land Service, Inc. on negligence and products liability theories. They claimed that Roger E. Hammett, Jr., 84, served as a messman aboard the SS SEATTLE for 67 days in 1966 and was exposed to asbestos fibers from pipe insulation that was being stripped from steam pipes during the voyage. Due to his exposure, he developed mesothelioma, a rare can... More...   $1450000 (12-17-2011 - )

Amy Zickuhr v. Ericsson, Inc.

¶ 1 Following a jury trial, the jury awarded Richard Campbell's estate $1.5 million in
damages as a result of defendant Ericsson, Inc.'s negligence in causing Richard's mesothelioma
death from exposure to defendant's asbestos-containing electrical cables. Ericsson later filed a
posttrial motion for judgment notwithstanding the verdict or, alternatively, for a new trial, which
was ... More...
   $0 (11-10-2011 - IL)

Billie Jean Adams v. Ford Motor Company

Appellants Billie Jean Adams and her three children (Adams) brought suit for general and special damages against respondent Ford Motor Company (Ford) following the death of their husband and father, Richard Adams. A few days before trial, Ford made a settlement offer under California Code of Civil Procedure section 998 (section 998) in the amount of $2,500 per Plaintiff, totaling $10,000.1 Ford‘... More...   $0 (10-19-2011 - CA)

Olwen Moeller v. Garlock Sealing Technologies, LLC

Defendant-Appellant Garlock Sealing Technologies, LLC, (“Garlock”), a manufacturer of industrial sealing products, appeals the district court’s denial of its motion for judgment as a matter of law following a jury verdict against it. Because we conclude that the evidence is not sufficient to support the jury’s verdict, we REVERSE.


Robert Moeller (“Robert”), a pipefitte... More...
   $0 (09-28-2011 - KY)

Ronald Dummitt and Doris Kay Dummitt v. A.W. Chesterton, et al.

Ronald Dummitt sued Crane Company and other on a products liability theory claiming that he developed mesothelioma as a result being exposed to asbestos containing products manufactured and sold by defendants while he was in the Navy and working as a boiler tender between 1960 and 1977. Dummitt worked on seven different vessels during the period and identified products manufactured by Crane, Elli... More...   $32000000 (08-20-2011 - NY)

William Mansir and Teri Mansir v. John Crane, Inc.

William Mansir and Teri Mansir sued John Crane, Inc. and other on products liability theories claiming that the mesothelioma that he developed was caused by asbestos that he was exposed to while serving in ship boiler rooms in the Navy for 10 years. Mansir’s work included the maintenance and repair of equipment such as boilers, pumps and valves.

John Crane presented evidence that if Mans... More...
   $2400000 (08-05-2011 - CA)

James Ginter v. Anderson & Vreeland, Inc., et al.

James Ginter sued Ford Motor Company and others on a products liability theories claiming that he was wrongfully exposed to asbestos as a result of using a Friction Assessment Screening Test (FAST) Machine manufactured and sold by Ford. He claimed as direct result of his exposure to asbestos, he developed mesothelioma, a incurable form of lung cancer.

The defenses asserted by Defendants a... More...
   $2500000 (07-15-2011 - NY)

American Optical Corporation v. Walter R. Spiewak

This case is before the Court on appeal from Williams v. American Optical Corporation, 985 So. 2d 23 (Fla. 4th DCA 2008), in which the Fourth District Court of Appeal held that the Asbestos and Silica Compensation Fairness Act (the Act) is unconstitutional as applied to the Appellees. In its decision, the Fourth District also certified conflict with the decision of the Third District Court of Appe... More...   $0 (07-08-2011 - FL)

Leopold Granier, Jr. v. Northrup Grumman Corporation, Avondale Shipyard, Cajun Insulation, Union Carbide

Leopold Granier, Jr. sued Northrup Grumman Corporation, Avondale Shipyard, Cajun Insulation, Union Carbide on products liability theories claiming that the developed incurable mesothelioma as a direct result of being exposed to asbestos while working at the Avondale Shipyard.... More...   $1500000 (07-06-2011 - LA)

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