After much deliberation, the mesothelioma lawsuit filed by John Koonce has finally come to an end. He originally filed the lawsuit against John Crane Inc. and Garlock Sealing Technologies, but Garlock has recently been excused from the $4.39 million dollar verdict by the jury.
John Koonce, a former shipyard worker for Norfolk Shipbuilding and Drydock Corp., originally contracted the asbestos-related disease in April 2006. His doctors and mesothelioma lawyers believe the asbestos exposure he experienced came from working in boiler rooms on Liberty ships being repaired between 1968 and 1971.
John Crane Inc., who is now responsible for all of the $4.39 million, has asked Circuit Court Judge David F. Pugh to set aside the results of the case. They believe the jury was wrong to place all the blame on one company when Koonce also used products containing asbestos from another company.
In previous cases involving the two companies, both were assigned separate damages to pay. John Crane Inc. and Garlock Sealing Technologies specialized in manufacturing asbestos-laden parts, including gaskets and packing material.
John Crane’s attorney said, “The jury’s utter disregard of the evidence regarding Mr. Koonce’s exposure to Garlock products resulted in John Crane being apportioned 100 percent fault and being left to bear the entire $4.39 million verdict alone.”
John Crane is asking for a new trial because the jury’s verdict went “against the evidence.” They also stated judge Pugh should reapportion the verdict between the two companies.
In regards to the apportionment of the verdict, Koonce’s attorney said, “The jury made a legitimate finding that the blame for Koonce’s malignant mesothelioma cannot be sliced between the defendants. It’s a finding that the jury was entitled to make.”
Koonce’s attorney plans to file a response to the motion of a new trial as soon as he can, but also wishes to take some time to rest before tackling the case again.
Source
Showing posts with label Mesothelioma Lawsuit. Show all posts
Showing posts with label Mesothelioma Lawsuit. Show all posts
Saturday, October 18, 2008
Tuesday, October 7, 2008
Cumbrian Car Garage Pay-out After Mechanic's Death
By Chris Story
The family of a Carlisle man who died of asbestos-related cancer has won a cash payout from the former garage they blamed for his illness.
View more pictures...
Anthony Earl: ‘No amount of compensation can replace our loss’Relatives of Robert Earl have secured an out of court settlement against County Garage, where he worked as a mechanic’s labourer in 1969.
It was revealed that the undisclosed sum was agreed despite the company making no admission of liability.
And Mr Earl’s family said no amount of money would bring the loving father and grandfather
back.
They had been determined to prove that he was exposed to the asbestos which triggered his illness during his six to eight months working for the garage.
During this time they argued he had been exposed to asbestos brake linings which he had used to replace old worn brake linings in the company’s commercial vehicles.
Their argument was backed by another former County Garage colleague, who came forward following a witness appeal in the local media.
Mr Earl, of Belle Vue, died in November 2005 – 10 months after he was diagnosed with mesothelioma. He was 64.
He had been nursed throughout his illness by wife Avril, who pursued the claim against his former employers supported by her family.
They were represented by Rodger Maddocks, of Newcastle-based law firm Irwin Mitchell.
Mr Earl’s son, Anthony, said: “The last few years have been very difficult for my family.
“No amount of compensation can replace what we have lost, but we hope we can now move forward.
"We would like to thank Irwin Mitchell for its hard work in pursuing the claim against the company despite the difficulties faced and thank those who were able to give us information about County Garage and the use of asbestos in the workshop, which helped us secure justice for my dad.”
Mr Maddocks, an industrial disease specialist, said the information provided by Mr Earl’s former colleagues was crucial in the case.
He added: “The company did not accept that Mr Earl would have been exposed to dangerous asbestos fibres during the course of his employment with them.
“The information Mr Earl’s former colleagues were able to provide assisted us in establishing what was done in the workshop and how much contact Mr Earl would have had with new and old asbestos brake linings.
“This information was used by our expert to confirm that Mr Earl would have been exposed to asbestos brake linings, which contained dangerous asbestos fibres.”
In 2006 former north east Cumbria coroner David Osborne ruled that Mr Earl died of mesothelioma and was the victim on an industrial disease.
It was claimed at his inquest that neither Mr Earl nor his colleagues were provided with protective overalls or breathing masks.
Mr Earl worked for County Garage while it was based at Hardwicke Circus.
The firm, now at Kingstown, no longer exists as it was and is part of the GK Group.
A GK Group spokesman yesterday said the firm was unable to comment.
But, following Mr Earl’s death, County Garage said they sympathised with his family, but that their practices would have been no different to others in the industry at that time.
Source
The family of a Carlisle man who died of asbestos-related cancer has won a cash payout from the former garage they blamed for his illness.
View more pictures...
Anthony Earl: ‘No amount of compensation can replace our loss’Relatives of Robert Earl have secured an out of court settlement against County Garage, where he worked as a mechanic’s labourer in 1969.
It was revealed that the undisclosed sum was agreed despite the company making no admission of liability.
And Mr Earl’s family said no amount of money would bring the loving father and grandfather
back.
They had been determined to prove that he was exposed to the asbestos which triggered his illness during his six to eight months working for the garage.
During this time they argued he had been exposed to asbestos brake linings which he had used to replace old worn brake linings in the company’s commercial vehicles.
Their argument was backed by another former County Garage colleague, who came forward following a witness appeal in the local media.
Mr Earl, of Belle Vue, died in November 2005 – 10 months after he was diagnosed with mesothelioma. He was 64.
He had been nursed throughout his illness by wife Avril, who pursued the claim against his former employers supported by her family.
They were represented by Rodger Maddocks, of Newcastle-based law firm Irwin Mitchell.
Mr Earl’s son, Anthony, said: “The last few years have been very difficult for my family.
“No amount of compensation can replace what we have lost, but we hope we can now move forward.
"We would like to thank Irwin Mitchell for its hard work in pursuing the claim against the company despite the difficulties faced and thank those who were able to give us information about County Garage and the use of asbestos in the workshop, which helped us secure justice for my dad.”
Mr Maddocks, an industrial disease specialist, said the information provided by Mr Earl’s former colleagues was crucial in the case.
He added: “The company did not accept that Mr Earl would have been exposed to dangerous asbestos fibres during the course of his employment with them.
“The information Mr Earl’s former colleagues were able to provide assisted us in establishing what was done in the workshop and how much contact Mr Earl would have had with new and old asbestos brake linings.
“This information was used by our expert to confirm that Mr Earl would have been exposed to asbestos brake linings, which contained dangerous asbestos fibres.”
In 2006 former north east Cumbria coroner David Osborne ruled that Mr Earl died of mesothelioma and was the victim on an industrial disease.
It was claimed at his inquest that neither Mr Earl nor his colleagues were provided with protective overalls or breathing masks.
Mr Earl worked for County Garage while it was based at Hardwicke Circus.
The firm, now at Kingstown, no longer exists as it was and is part of the GK Group.
A GK Group spokesman yesterday said the firm was unable to comment.
But, following Mr Earl’s death, County Garage said they sympathised with his family, but that their practices would have been no different to others in the industry at that time.
Source
Saturday, October 4, 2008
Ohio Nurse Contracts Mesothelioma Through Second-hand Exposure, Suit Claims
By Kelly Holleran
An Ohio woman recently diagnosed with mesothelioma filed an asbestos suit against 13 defendant corporations claiming the disease was wrongfully caused.
Kathy Castle claims she was diagnosed with the disease May 19, according to a lawsuit filed Sept. 15 in Madison County Circuit Court.
Castle says she worked from 1970 until 2008 as a nurse's aide, home nurse, secretary, clerical worker and clerk at various locations, according to the lawsuit.
She claims she contracted mesothelioma through second-hand exposure to asbestos fibers her family members would carry home on their clothes.
Kim Fleming, one family member, worked from 1977 until 1981 as a construction worker and mason assistant at various locations, according to the complaint.
Another family member, Donald Young, worked from 1972 until 1977 as plastic manufacturing plant worker at various locations, the suit states.
Castle states her exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
She claims her disease was caused after she was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.
Castle alleges the asbestos-related disease has disabled and disfigured her and has and will continue to compel her to expend and become liable for large sums of money for hospital, medical, and other health and services necessary for the treatment of the disease. Castle also has and will continue to experience great physical pain and mental anguish as a result of the disease, he claims in the lawsuit.
Mesothelioma hindered and prevented Castle from pursuing his normal course of employment, according to the suit.
As a result, she lost large sums of money, she claims.
In the two-count lawsuit, Castle seeks sums in excess of $50,000 and compensatory damages in excess of $50,000.
She also seeks punitive damages in an amount sufficient to punish the defendants for their misconduct and to deter similarly situated parties from committing like acts of misconduct in the future.
She is represented by Robert Phillips and Perry J. Browder of Simmonscooper LLC in East Alton.
Source
An Ohio woman recently diagnosed with mesothelioma filed an asbestos suit against 13 defendant corporations claiming the disease was wrongfully caused.
Kathy Castle claims she was diagnosed with the disease May 19, according to a lawsuit filed Sept. 15 in Madison County Circuit Court.
Castle says she worked from 1970 until 2008 as a nurse's aide, home nurse, secretary, clerical worker and clerk at various locations, according to the lawsuit.
She claims she contracted mesothelioma through second-hand exposure to asbestos fibers her family members would carry home on their clothes.
Kim Fleming, one family member, worked from 1977 until 1981 as a construction worker and mason assistant at various locations, according to the complaint.
Another family member, Donald Young, worked from 1972 until 1977 as plastic manufacturing plant worker at various locations, the suit states.
Castle states her exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
She claims her disease was caused after she was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.
Castle alleges the asbestos-related disease has disabled and disfigured her and has and will continue to compel her to expend and become liable for large sums of money for hospital, medical, and other health and services necessary for the treatment of the disease. Castle also has and will continue to experience great physical pain and mental anguish as a result of the disease, he claims in the lawsuit.
Mesothelioma hindered and prevented Castle from pursuing his normal course of employment, according to the suit.
As a result, she lost large sums of money, she claims.
In the two-count lawsuit, Castle seeks sums in excess of $50,000 and compensatory damages in excess of $50,000.
She also seeks punitive damages in an amount sufficient to punish the defendants for their misconduct and to deter similarly situated parties from committing like acts of misconduct in the future.
She is represented by Robert Phillips and Perry J. Browder of Simmonscooper LLC in East Alton.
Source
Tuesday, September 30, 2008
Missouri Woman Sues 88 for Husband's Mesothelioma Death
By Kelly Holleran
A Missouri woman has filed an asbestos suit on behalf of her recently deceased husband against 88 defendant corporations, claiming the mesothelioma with which he was diagnosed was wrongfully caused.
Dawn Koch claims Stephen Koch was diagnosed with the disease June 13, 2007, and died Aug. 7, 2007, according to a lawsuit filed Sept. 15 in Madison County Circuit Court.
Dawn says her husband worked from 1982 until 1984 as a laborer at various locations throughout Illinois and Missouri, according to the lawsuit.
Dawn states Stephen's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
She claims his disease was caused after he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.
Dawn alleges the asbestos-related disease caused the couple to incur substantial medical costs. Stephen also experienced great physical pain and mental anguish as a result of the disease, Dawn claims in the lawsuit.
Mesothelioma hindered and prevented Stephen from pursuing his normal course of employment, according to the suit.
As a result, he lost large sums of money, Dawn claims.
Because of Stephen's death, his family has been deprived of his support and has lost his society, the suit states.
His family spent substantial amounts on funeral and burial costs, according to the complaint.
In the seven-count lawsuit, Dawn seeks sums in excess of $200,000 and compensatory damages in excess of $150,000.
She also seeks punitive damages in an amount sufficient to punish the defendants for their misconduct and to deter similarly situated parties from committing like acts of misconduct in the future.
She is represented by Nicholas J. Angelides of Simmonscooper LLC in East Alton
Source
A Missouri woman has filed an asbestos suit on behalf of her recently deceased husband against 88 defendant corporations, claiming the mesothelioma with which he was diagnosed was wrongfully caused.
Dawn Koch claims Stephen Koch was diagnosed with the disease June 13, 2007, and died Aug. 7, 2007, according to a lawsuit filed Sept. 15 in Madison County Circuit Court.
Dawn says her husband worked from 1982 until 1984 as a laborer at various locations throughout Illinois and Missouri, according to the lawsuit.
Dawn states Stephen's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
She claims his disease was caused after he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.
Dawn alleges the asbestos-related disease caused the couple to incur substantial medical costs. Stephen also experienced great physical pain and mental anguish as a result of the disease, Dawn claims in the lawsuit.
Mesothelioma hindered and prevented Stephen from pursuing his normal course of employment, according to the suit.
As a result, he lost large sums of money, Dawn claims.
Because of Stephen's death, his family has been deprived of his support and has lost his society, the suit states.
His family spent substantial amounts on funeral and burial costs, according to the complaint.
In the seven-count lawsuit, Dawn seeks sums in excess of $200,000 and compensatory damages in excess of $150,000.
She also seeks punitive damages in an amount sufficient to punish the defendants for their misconduct and to deter similarly situated parties from committing like acts of misconduct in the future.
She is represented by Nicholas J. Angelides of Simmonscooper LLC in East Alton
Source
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