March 20, 2008 – A Philadelphia jury awarded $25.2 million in compensatory and punitive damages in an asbestos-related lawsuit. Two other cases that had been consolidated with the first were settled before liability was established. In those cases the jury established potential damages of $12.6 million.

All three of the cases involved death from malignant mesothelioma, an aggressive and almost invariably fatal cancer that occurs only as a result of exposure to asbestos.

The jury in the six week trial arrived at damages verdicts for all three cases on February 14. Between then and the liability verdict on March 14, two of the three cases were settled. In each of the three cases, several defendants settled prior to the damages phase.

The case that continued to the liability phase was settled in the estate of James Baccus, who died of malignant mesothelioma after beginning legal action. In this case $7 million in compensatory damages and $18.2 million in punitive damages were awarded.

James Baccus had served in the US Navy in Philadelphia, allegedly coming into contact with asbestos in the course of his service. However, he had also allegedly been exposed in Kentucky, and had also once worked for American Synthetic Rubber.

The case was brought against Crane Co., John Crane and Yarway. In addition to the $7 million in compensatory damages, the $18.2 million punitive damages was apportioned with 45% against John Crane, 35% against Crane Co., and 20% against Yarway.

In addition, the jury found both Crane Co. and Yarway “grossly negligent for failure to warn of the dangers of asbestos in reckless disregard of the safety of others,” assessing $11.9 million and $6.3 million in punitive damages respectively.

Several other defendants settled before even the compensatory damages phase of the trial. These included Ingersoll Rand, THAN, IMO/DeLaval, Westinghouse, Owens Illinois and Goulds Pumps.

An attorney for the defendents admitted to being “highly confident” that Crane Co. and Yarway would appeal the awards, saying that the verdict was considered “very unusual.”

The other cases, which were both settled before the liability phase of the trial, also involved men who had died from mesothelioma.

Richard Scherr died from mesothelioma at 71, after allegedly being exposed to asbestos while working for construction company PFK-Mark III Inc. The compensatory portion of the trial awarded Scheerr’s family and estate $8.6 million.

William Wheeler died twelve months after diagnosis of malignant mesothelioma, at the age of 67. Wheeler was a union painter who was allegedly exposed to asbestos at several different sites. The jury awarded Wheeler’s estate $4 million in compensatory damages.

This entry was posted on Friday, April 4th, 2008 at 9:18 am and is filed under Asbestos Litigation, Pennsylvania. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.