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A Los Angeles jury awarded Stanley & Janelle Bjerke, a $2.1 million dollar verdict. Mr. Bjerke, who is 77 years old, has pleural mesothelioma. During the 1950s through 1990s, he worked as a machinist and planner at Long Beach Naval Shipyard. JOHN CRANE was one of the manufacturers of packing material used by Mr. Bjerke during these years. The jury agreed that JOHN CRANE was liable for its failure to warn.
Two veteran asbestos litigators Robert Hatten and Joseph Satterly prevailed in their continuing battle with asbestos gasket companies John Crane and Garlock. For Mr. Hatten this is the sixth victory in a row against John Crane. The jury returned a verdict for the plaintiff against John Crane and Garlock for $5,977,482 — 50% each. The jury awarded $2 million for the plaintiff’s pain and suffering. $1,150,000 for the widow’s loss of consortium. $2,500,0000 was stipulated in future lost wages. $319,650 was stipulated to for medical bills. $7,832 was agreed to as funeral expenses.
Today a Brazoria County, Texas jury awarded Maxine Puckett, the widow of Danny Puckett, 1.2 million dollars in a trial involving defendants Union Carbide and Montello . The jury found each of the defendants 15% liable. Mr. Puckett died of mesothelioma at age 59.
Mr. Puckett was exposed to drilling mud additives containing Union Carbide asbestos. Union Carbide argued there was no exposure to its products.
Our friends Scott Frost and Greg Lisemby of Waters & Krause represented the plaintiff.
Mike Terry and Kevin Jordan represented Union Carbide.
In this case Advocate a miner of asbestos took a pay position throughout the trial. Justice prevailed. Congratulations to James Nevin who tried the case.
Today the Minnesota Court of Appeals affirmed the jury’s $4.6 verdict against John Crane in the Newinski case tried last spring by Christian Hartley and Michael Strom. Crane’s appeal challenged several discretionary rulings by the trial court, Crane also challenged the very existence of joint and several liability in Minnesota products liability cases. Crane asserted that Minnesota employs several liability only. The plaintiffs argued that Minnesota has joint and several but that defendants can use a process called "reallocation" to reallocate shares of uncollectible entities’ fault (in this case OCF, Asbestospray, and Anchor) to all at fault parties, and somewhat the reduce the full impact of joint and several. The effect of the trial court’s reallocation to the case was to reduce Crane’s joint and several liability from $3,689,193 to $3,381,722. The Minnesota not only upheld the trial court’s application of joint and several, but also ruled that Crane was not currently entitled to reallocation. . Anyone interested in the opinion can find it at www.mncourts.gov under the court of appeals’ unpublished opinions.
The family of a Missouri man battled 4 companies in court over Robert Wagner’s death from mesothelioma. Eventually the jury found in the family’s favor. After 3 weeks of trial the jury found the companies Bondex and Conwed knew about that asbestos dangers but failed to warn.
In one of the most hotly contested cases involving mesothelioma the defendant Union Carbide called Victor Roggli as its chief medical witness, Victor Roggli is considered one of the premiere defense medical witnesses and has given his opinions in almost every state in the union. If you click on the link below you can read the actual grueling cross examination of Cohen, Placitella & Roth partner Joel Rosen. Mr Rosen forced doctor Roggli to admit numerous issues concerning the dangers of asbestos and its ability to cause cancer. The entire testimony can be viewed including the questioning by Union Carbide and Mr Rosen by clicking on
http://www.mesotheliomalegalblog.com/mesothelioma-litigation/Asbestos-Defense-Expert-Cross-Examined-at-Trial–1-31354.html
