California $17.5 million asbestos settlement
(March 16, 2011)
(Courtesy Photo)
SAN FRANCISCO – California jury has awarded nearly $ 17.5 million asbestos plaintiff who says he developed mesothelioma from exposure to asbestos in brake linings.The California Supreme Court in Alameda County jury reached a verdict on January 6 after the trial, which began in October. They worked through each parts, certainly, to reach the right resolution of this vary asbestos settlement.
The lawsuit was filed by Gordon and Emily Bankhead, who argued that the work of Gordon for over 30 years as a man of parts necessary for him to handle asbestos-containing brakes during maintenance and repair of vehicles. As a result of his exposure to asbestos, Bankhead said that he developed mesothelioma.
Bankhead said that the main reason for this is that the company made it necessary for him to be present when testing, replacement, grinding and blowing out of the asbestos-containing brakes. The plaintiffs claimed that the majority of brake linings, the areas where he worked were made PneumoAbex LLC and Carlyle Corp. These plates were then attached to the brake shoes and bridges, which were sold to employers of Bankhead by Rockwell International Corp.
The defendants argued that brake mechanics are not at increased risk of developing mesothelioma, and, moreover, that their products contained asbestos, which does not cause mesothelioma. The defendants also argued that any contact with asbestos in their products was minimal.
Jury award broke down into $ 1 470 000 in economic damage of loss; $1.5 million in non-economic damages, $ 1 million in damage and loss of consortium, and 13.5 million total in punitive damages. The jury distributed $ 4.5 million inflicting award to ArvinMeritor Inc and $ 9 million to PneumoAbex LLC.
According to the verdict sheet, the jury estimated that 30 percent of the responsibility of each to Carlyle Corporation, and PneumoAbex LLC. ArvinMeritor Inc and Kelsey-Hayes Co., has been addressed 15 percent of the responsibility of everyone. The remaining 10 percent of the liability had been circulated, distributed in General Transport and Sea-Land, in accordance with the verdict sheet.
The plaintiffs and the Kelsey-Hayes Co., according to the sources, reached a resolution in the deliberations process of the jury. Carlisle Corporation settled claims stated against it before punitive damages phase of the trial began, the sources also mentioned.
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