Ethel D. Muldoon v. American Honda Motor Company, et al.

Date: October 27, 2014
Court: Court of Common Pleas, Greenville County

On October 27, 2014, Hawkins Parnell & Young, LLP attorneys Ollie Harton, Elaine Shofner and Eric Hawkins secured a defense verdict for an automobile manufacturer in the Court of Common Pleas for Greenville, South Carolina, Civil Action File No. 14-CP-23-005534. The case was tried for three weeks before the Honorable D. Garrison Hill in Greenville, SC. Plaintiff’s counsel were Jessica Dean and Kevin Paul of Simon Greenstone Panatier Bartlett in Dallas, TX and Theile McVey of Kassel McVey in Columbia, SC.

Plaintiff filed a wrongful death action in November 2013 against more than forty defendants, alleging that Joseph H. Muldoon developed mesothelioma and died as a result of exposure to asbestos from the products manufactured or sold by the defendants. Mr. Muldoon served in the U.S. Navy for approximately one year, spent over twenty years as a machinist at Worthington Pump in Harrison, NJ, and also owned and operated an automotive service station in Scotrun, PA for over twenty years. Plaintiff alleged that Mr. Muldoon’s exposure to asbestos from the brakes, clutches, and gaskets installed on vehicles sold by HPY's client was the cause of his mesothelioma. Plaintiff  sought recovery under three products liability theories: negligence, strict liability, and breach of implied warranty of merchant-ability.

Plaintiff’s experts at trial were Dr. Arnold Brody, Dr. Edwin Holstein, and Dr. John Maddox.  Defense experts were Dr. James Crapo, Mr. Tom McCaffery, Dr. Victor Roggli, Dr. Dennis Paustenbach, and Dr. David Garabrant.