Pa. Jury Awards $5.5 Million Total in 3 Mesothelioma Cases

March 10, 2009 – Media Coverage
HarrisMartin

PHILADELPHIA -- One Pennsylvania trial involving three asbestos cases with one defendant remaining in each lawsuit has resulted in a total award of $5.5 million, sources told HarrisMartin.Moore, et al. v. Ericsson Inc., No. 1441 - October Term 2006; Holloway, et al. v. Georgia-Pacific, No. 3478 - December Term 2006; Confalone, et al. v. Melrath Gasket Inc., No. 2828 April Term 2006 (Pa. 1st Jud. Dist. Ct. Comm. Pls.).

The March 5 verdicts from the First Judicial District Court of Common Pleas were entered against Ericsson Inc., Georgia-Pacific and Melrath Gaskets Inc.

Judge Victor J. DiNubile Jr. presided over the consolidated trial. Sources told HarrisMartin that the trial began with six cases, but the parties in three of those cases reached settlement agreements prior to the verdict.

Donnie Moore

Judith Moore asserted the claims on behalf of Donnie Moore, who was allegedly exposed to raw asbestos and asbestos-containing pipe insulation, boilers, gaskets, packing, wires and cables during his 44-year career in the printing industry.

The lone remaining defendant in the Moore case was Anaconda, a successor-in-interest to Ericsson Inc., which manufactured asbestos-containing wire and cables, according to the plaintiff.

The defendant argued during trial that Moore was not exposed to its products and that in the event that exposure did occur, it was not sufficient enough to cause his mesothelioma. Specifically, the defendant contended that cutting the wire was a negligible contribution in comparison to Moore's other exposures, sources said.

The jury awarded $2 million to Judith Moore. The plaintiffs have filed papers with the court seeking tot hold Anaconda responsible for $1,232,500.00 of the verdict, sources said.

Testifying on behalf of the plaintiff were Richard Lemen, M.D., Ph.D.; Richard Hatfield, CIH; and Eugene Mark, M.D.

Testifying on behalf of the defendant were Allan Feingold, M.D.; William Dyson, Ph.D.; and Victor Argento, Ph.D.

Counsel for the plaintiffs were John Langdoc and Eric Brown of Baron & Budd in Dallas.

Anaconda was represented by Ollie Harton of Hawkins Parnell & Young in Atlanta.

Haywood Holloway

Georgia-Pacific was the lone remaining defendant when the jury reached its $2 million verdict in the case of Haywood Holloway, sources said.

Holloway was exposed to Georgia-Pacific's asbestos-containing joint compound product while working for the City of Philadelphia's Parks and Recreations Department as well as during his work remodeling homes.

During trial, however, the defendant put hardware store employees on the stand to testify that those stores never sold Georgia-Pacific joint compound. As such, the defendant argued that its product could not have possibly caused Holloway's mesothelioma.

The plaintiffs are seeking to hold the defendant responsible for $1,982,500.00 of the verdict, sources said.

Testifying on behalf of the plaintiff were Richard Lemen, M.D., Ph.D.; Richard Hatfield, CIH; and Steven Dykman.

Testifying on behalf of the defendant were Allan Feingold, M.D. and William Dyson, Ph.D.

Counsel for the plaintiffs were John Langdoc and Eric Brown of Baron & Budd in Dallas.

Georgia-Pacific was represented by Maria Karos of Sedgwick, Detert, Moran and Arnold in Dallas.

Daniel L. Confalone

Confalone's mesothelioma was caused by exposure to asbestos in pipe insulation, boilers, gaskets and packing, the plaintiffs in the Confalone case argued.

Confalone worked in the U.S. Navy as a pipefitter.

Melrath Gaskets Inc., the defendant remaining in the case at the time of the verdict, claimed that the decedent did not use its gaskets.

The jury sided with the plaintiffs, however, awarding $1.5 million. Melrath Gaskets Inc. should be responsible for $982,500.00 of the verdict, according to papers filed by the plaintiffs.

Testifying on behalf of the plaintiffs were Richard Lemen, M.D., Ph.D.; Richard Hatfield, CIH; and Samuel Hammer, M.D.

Counsel for the plaintiffs were John Langdoc, Eric Brown and Christopher Norris of Baron & Budd in Dallas.

Representing Melrath Gaskets was Mark N. Cohen of Margolis Edelstein in Philadelphia.

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