CVN News

A Bird's Eye View Of All Asbestos Trials In CVN's Video Library

Written by David Siegel | Apr 23, 2020 7:08:03 PM

Out of the thousands of asbestos lawsuits pending nationwide, only a small handful actually go to trial each year. It’s a tiny percentage, because a full-blown asbestos trial is a major undertaking for all parties, often taking weeks to complete and involving extensive expert witness testimony.

Those few cases that actually result in jury verdicts represent important sample outcomes that can help attorneys for both injured plaintiffs and defendants gauge how to dispose of other cases that may share similar facts, making those asbestos jury verdicts extremely newsworthy for affected stakeholders.

Over the years Courtroom View Network recorded a wide range of asbestos trials in numerous jurisdictions, and with some of the top attorneys and most commonly sued asbestos defendants. CVN’s video archive is the only source in the world for gavel-to-gavel video of asbestos trials, and the opportunity to see firsthand the attorney arguments, witness testimony, and exhibits that either led to or prevented verdicts that span well into the millions.

Here is a “bird’s eye view” summary, in reverse chronological order, of the asbestos trials in CVN’s video library. A $99/month subscription, with no contract, gives you instant access to all of these trials and hundreds more. Please note we’ve excluded cosmetic talc trials from this list, though those often involve asbestos-related claims. For a list of all the cosmetic talc trials in CVN’s video library click here.

CVN screenshot of plaintiff attorney Chris Panatier delivering his closing argument against Celanese Corp. at an asbestos trial in South Carolina state court

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Thomasina Fowler v. Union Carbide Corp. (December 2018, New Brunswick NJ)

Link to gavel-to-gavel video:

https://cvn.com/proceedings/thomasina-fowler-v-union-carbibe-corpet-al-trial-2018-12-03

Trial outcome: $2.38 million

Plaintiff counsel: Levy Konigsberg

Defense counsel: Lewis Brisbois, Mayer Brown

Via the CVN News Blog: A New Jersey state court jury awarded $2.38 million in compensatory damages on Tuesday to the widow of a factory worker supposedly exposed to Union Carbide’s asbestos products, but later declined to saddle the Dow Chemical subsidiary with any punitive damages.

The Middlesex County jury determined Union Carbide is responsible for the 2011 death of Thomasina Fowler’s husband, Willis Edenfield. Edenfield died of pleural mesothelioma that his wife alleged was the result of years of exposure to asbestos at his workplace, an industrial site managed by the now defunct National Starch.

https://blog.cvn.com/nj-jury-hits-union-carbide-with-2.38m-asbestos-verdict-punitive-damages-phase-to-follow

Louis Summerlin v. Philip Morris USA, et al. (September 2018, Boston MA)

Link to gavel-to-gavel video:

https://cvn.com/proceedings/louis-summerlin-et-al-v-philip-morris-usa-et-al-trial-2018-09-06

Trial outcome: $43.1 million

Plaintiff counsel: Levy Konigsberg LLP, Shepard Law

Defense counsel: Shook Hardy & Bacon (Philip Morris) Jones Day (RJ Reynolds), Smith & Duggan (Hampden Automotive)

Via the CVN News Blog: A Massachusetts state court jury Friday afternoon awarded the family of a former brake worker $43.1 million after finding R.J. Reynolds liable for his lung cancer death, but jurors cleared Philip Morris and an auto parts company of responsibility.

The verdict, reached after four days of deliberations, includes $13.1 million in compensatory damages for the 2015 death of Louis Summerlin and $30 million in punitives imposed against Reynolds.

https://blog.cvn.com/massachusetts-trial-over-claims-asbestos-cigarettes-caused-fatal-cancer-in-day-4-of-deliberations

 

Jerry Crawford v. Celanese Corp. (July 2018, Spartanburg SC)

Link to gavel-to-gavel video:

https://cvn.com/proceedings/jerry-crawford-v-celanese-corp-et-al-trial-2018-07-16

Trial outcome: defense verdict

Plaintiff counsel: Dean Omar & Branham, Kassel McVey

Defense counsel: Wall Templeton & Haldrup

Via the CVN News Blog: Attorneys for a defunct pipe insulation company notched a defense verdict Thursday in an asbestos lawsuit in South Carolina state court, despite the judge instructing jurors the plaintiff was exposed to their asbestos as part of a pre-trial sanctions order.

Jurors deliberated for just a few hours before determining that Covil Corporation, which went out of business in 1991, was not responsible for plaintiff Jerry Crawford’s mesothelioma. Crawford claimed exposure to asbestos in Covil’s pipe insulation while working at a Celanese Corporation plant in the early 1970’s caused his fatal cancer.

https://blog.cvn.com/pipe-insulation-co.-scores-come-from-behind-asbestos-trial-win-despite-sanctions

 

Robert Lord v. Vanderbilt Minerals LLC (February 2018, Polk County FL)

Link to gavel-to-gavel video:

https://cvn.com/proceedings/lord-v-florida-southern-college-et-al-trial-2018-02-22

Trial outcome: settlement during jury deliberations

Plaintiff counsel: Waters Kraus & Paul

Defense counsel: DeHay & Elliston

Via the CVN News Blog: Vanderbilt Minerals LLC reached a settlement during jury deliberations on March 16th in Florida state court with a former tile worker who sought $11.5 million for developing mesothelioma after inhaling asbestos allegedly contained in the company’s industrial talc products.

The parties announced the confidential settlement during the Polk County jury’s first day of deliberations in a trial that began on February 22. Robert Lord, who worked with talc products for Florida Tile Company in the 1970’s, accused Vanderbilt of withholding knowledge from workers about the cancer risks of the asbestos supposedly present in their talc, which is often used in ceramic products.

https://blog.cvn.com/vanderbilt-settles-potentially-11.5m-talc-mesothelioma-lawsuit-during-jury-deliberations

 

Francisco Herrera v. Certainteed Corp. (January 2018, Phoenix AZ)

Link to gavel-to-gavel video:

https://cvn.com/proceedings/francisco-herrera-et-al-v-certainteed-corporation-et-al-trial-2018-01-08

Trial outcome: defense verdict

Plaintiff counsel: Waters Kraus & Paul

Defense counsel: DeHay & Ellison, Schiff Hardin

Via the CVN News Blog: An Arizona state court jury has delivered a defense verdict in favor of CertainTeed Corp. in an asbestos lawsuit, finding that the building materials company is not responsible for the death of a pipefitter whose family claimed he developed cancer after years of inhaling dust generated by sawing asbestos cement pipes.

The jury returned the verdict on February 1 after roughly three hours of deliberation following a trial that began on January 9. They rejected allegations from Francisco Herrera’s wife and three adult children that CertainTeed knew their asbestos-containing cement pipes posed a health risk but failed to adequately warn workers.

https://blog.cvn.com/jury-clears-certainteed-corp.-in-5m-asbestos-wrongful-death-lawsuit

 

Beverly Jolly v. Fisher Controls International (July 2017, Spartanburg SC)

Link to gavel-to-gavel video:

https://cvn.com/proceedings/beverly-dale-jolly-v-general-electric-co-et-al-trial-2017-07-24

Trial outcome: $300k

Plaintiff counsel: Dean Omar & Branham, Kassel McVey

Defense counsel: Leath Bouch & Seeking, Von Brisen & Roper (Fisher Controls)

Via the CVN News Blog: A South Carolina state court jury delivered a verdict against valve manufacturers and Emerson Electric Co. subsidiaries Fisher Controls International LLC and Crosby Valve LLC on Thursday, in what plaintiff attorneys claim is the first time the two companies have gone to trial in an asbestos lawsuit.

The jury awarded $300,000 to Dale Jolly, a 73-year-old former Duke Energy employee, and his wife following a two-week trial. Jolly suffers from mesothelioma, an aggressive form of cancer affecting the tissue lining around the lungs that is specifically linked to the inhalation of asbestos fibers. His lawyers argued that he inhaled asbestos while working at various nuclear power plants and inspecting valves that used asbestos-containing gaskets.

https://blog.cvn.com/jury-sides-with-plaintiff-at-nations-1st-asbestos-trial-against-emerson-electric-owned-valve-companies

 

Dennis Seay v. Celanese Corp., et al. (September 2015, Spartanburg SC)

Link to gavel-to-gavel video:

https://cvn.com/proceedings/dennis-seay-v-3m-company-et-al-trial-2015-09-28

Trial outcome: $14 million

Plaintiff counsel: Simon Greenstone Panatier

Defense counsel: Hawkins Parnell Thackston & Young (Celanese), O’Connell Tivin Miller & Burns (John Crane Inc)

Via the CVN News Blog: A South Carolina state court jury slammed Texas-based materials company Celanese Corp. with a $14 million verdict on Thursday in a lawsuit brought by the family of a maintenance worker who died of cancer after being exposed to asbestos at a polyester fiber plant in the 1970’s.

The family of Dennis Seay, who died of mesothelioma in 2014 at the age of 70, was awarded $12 million in compensatory damages and $2 million in punitive damages following a 13-day trial. A second defendant in the case, gasket seller John Crane Inc., was cleared of all liability by the unanimous jury, according to a Courtroom View Network webcast of the proceedings.

https://blog.cvn.com/celanese-corp.-socked-with-14-million-asbestos-wrongful-death-verdict

 

Roy Taylor v. Georgia Pacific, Union Carbide (August 2015, Dade County FL)

Link to gavel-to-gavel video:

https://cvn.com/proceedings/taylor-v-georgia-pacific-trial-2015-08-03

Trial outcome: $17 million

Plaintiff counsel: Ferraro Law Firm

Defense counsel: Wilcox & Savage, Bartle & Marcus Law)

Via the CVN News Blog: A Florida state court jury slammed Koch Industries Inc.-owned Georgia-Pacific LLC with a $17 million verdict on Thursday in an asbestos lawsuit, finding that a construction worker’s cancer was caused by exposure to the deadly mineral in the company’s joint compound.

The jury reached its verdict shortly before lunch after beginning deliberations on Wednesday following a trial that started August 4. They awarded plaintiff Roy Taylor, whose doctor testified could die within a year, $13 million and his wife Suzanne $4 million while also clearing Dow Chemical Co. subsidiary and co-defendant Union Carbide Corp. of all liability, according to a Courtroom View Network webcast of the trial.

Georgia-Pacific was found to be 55 percent responsible for Taylor’s asbestos exposure, with his former employer Raytheon found to be 30 percent responsible and Taylor himself 15 percent responsible. As a result the actual amount of damages the Taylors can collect is approximately $9.35 million.

https://blog.cvn.com/breaking-jury-nails-georgia-pacific-with-17m-asbestos-cancer-verdict

 

Pablo Gonzalez v. Caterpillar Inc, et al. (July 2015, Dade County FL)

Link to gavel-to-gavel video:

https://cvn.com/proceedings/gonzalez-v-bennett-auto-supply-trial-2015-07-14

Trial outcome: defense verdict

Plaintiff counsel: Ferraro Law Firm

Defense counsel: Foley & Mansfied, The Gaitan Group (Caterpillar), Wilson Elser Moskowitz *Dana Co.)

Via the CVN News Blog: Heavy equipment giant Caterpillar Inc. and auto parts manufacturer Dana Co. LLC prevailed Monday in a lawsuit in Florida state court brought by the family of a mechanic who died of lung cancer they claimed was caused by exposure to brakes and other equipment containing deadly asbestos dust.

The six-member jury returned their unanimous verdict after deliberating for just a few hours following a 14-day trial. An attorney for the family of Pablo Gonzalez Sr. had asked jurors to award up to $19 million in damages, according to a Courtroom View Network webcast of the trial, but Caterpillar and Dana both argued that Gonzalez’s mesothelioma couldn’t be definitively linked to their products.

https://blog.cvn.com/caterpillar-avoids-19m-verdict-in-asbestos-wrongful-death-trial

 

Richard Delisle v. Lorillard Tobacco Co. (August 2013, Ft. Lauderdale FL)

Link to gavel-to-gavel video:

https://cvn.com/proceedings/richard-delisle-et-al-v-aw-chesterton-co-et-al-trial-2013-08-15

Trial outcome: $8 million

Plaintiff counsel: Ferraro Law Firm

Defense counsel: Davis Cedillo & Mendoza (Lorillard), K&L Gates, Thompson Coburn (Crane Co.) Greenberg Traurig (Hollingsworth & Vose Co.)

Via the CVN News Blog: A Florida appeals court has overturned a rare $8 million verdict in an asbestos-related mesothelioma lawsuit against R.J. Reynolds Tobacco Co. and Crane Co., finding that a trial court shouldn’t have allowed jurors to hear testimony from an expert whose opinions lacked sufficient factual basis.

In an en banc opinion issued November 9, the Fourth District Court of Appeal declined to reconsider a September decision scuttling the 2013 award in favor of Richard Delisle, who claims he developed mesothelioma from smoking Kent cigarettes with asbestos-containing filters in the 1950’s. Delisle, who worked as a pipe fitter in the 1960’s, also partially attributed his asbestos exposure to gaskets manufactured by Crane Co.

https://blog.cvn.com/appeals-court-scuttles-rare-8m-asbestos-verdict-against-r.j.-reynolds-crane-co

 

Gordon Bankhead v. Pneumo Abex (November 2010, Oakland CA)

Link to gavel-to-gavel video:

https://cvn.com/proceedings/bankhead-v-allied-packing-supply-trial-2010-10-15

Trial outcome: $17.47 million

Plaintiff counsel: Kazan McClain Satterley & Greenwood

Defense counsel: DeHay & Elliston LLP

Via the CVN News Blog: The jury in Phase 2 of the Bankhead v. Allied Packing asbestos trial in Oakland on Thursday awarded $13.5M in punitive damages against two defendants, ArvinMeritor and Pneumo Abex, in addition to the jury's previous compensatory damage award of approximately $4M in Phase 1 of the trial.

https://blog.cvn.com/2011/01/07/13-5m-punitive-damages-verdict-in-bankhead-v-allied-packing

 

Rhoda Evans v. AW Chesterton (April 2010, Los Angeles CA)

Link to gave-to-gavel video:

https://cvn.com/proceedings/evans-v-aw-chesterton-company-trial-2010-03-22

Trial outcome: $208.8 million

Plaintiff counsel: Levin Simes Kaiser & Gornick

Defense counsel: McKenna Long & Aldridge

Via LexisNexis: A Los Angeles jury on April 29 awarded $200 million in punitive damages to go along with $8.8 million in compensatory damages to a woman who contracted mesothelioma after exposure to asbestos on her husband’s clothing

https://www.lexisnexis.com/legalnewsroom/litigation/b/litigation-blog/posts/los-angeles-jury-awards-200-million-in-punitive-damages-for-secondhand-asbestos-exposure

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Know about any asbestos trials CVN should try to cover later this year? Get in touch!

E-mail David Siegel at dsiegel@cvn.com