Client Dismissed During Indiana Mesothelioma Trial
October 31, 2019 (Indianapolis, IN) – Claire Weglarz of Hawkins Parnell & Young and Edward Harney of Hume Smith Geddes Green & Simmons secured an outright dismissal two weeks into trial in a personal injury mesothelioma case pending in Marion County, Indiana. Their client, a company that provides mechanical contractor services at industrial and commercial facilities across the nation, was the last remaining defendant. Magistrate Judge Therese A. Hannah presided over the trial.
Plaintiffs alleged that Melody Lewis’ pleural mesothelioma was caused, in part, by the client’s activities around asbestos-containing materials in the vicinity of Ms. Lewis during her employment at the Delco plant in Kokomo, IN, in the late-1960s and throughout the 1970s. Additionally, Ms. Lewis claimed her mesothelioma was caused by her daily use of talcum powder throughout her life.
The client was dismissed after Weglarz’s opening statement and the testimony of several witnesses, including Arnold Brody (cell biologist) and Barry Castleman (state of art), both cross-examined by Weglarz. Weglarz also cross-examined Michael Ellenbecker (industrial hygienist) at his trial-preservation deposition which was conducted during trial.
Plaintiffs were represented by Vincent Greene and Nathan Finch of Motley Rice and Kathy Musgrave Farinas and Todd Barnes of George & Farinas.
Melody and Robert Lewis v. BMW Constructors, Inc., et al., State of Indiana, Marion County Superior Court, Case No. 49D12-1811-MI-045368.