Mesothelioma and Asbestos Trial Verdicts
Below are reports of verdicts obtained by Kazan Law, an award-winning mesothelioma and asbestos law firm. These are cases that have gone all the way through trial. It may seem strange that there aren’t very many, with some that are quite old.
Why do we say we are trial lawyers when we try so few cases to verdict?
We accept a relatively small number of cases and prepare every one of them for trial. Over the years, defendants and their lawyers have learned that trying cases against Kazan Law is rarely productive and almost always very expensive. As a result, they are anxious to settle cases with us.
Even when we start trial, we almost always resolve it by settlement before a verdict. Other lawyers report settlement amounts on their web sites; we do not.
Our mesothelioma settlement amounts are confidential for two reasons. First, our clients never want their personal financial information spread all over the Internet, and if we listed those settlements, everyone would know how much money that client received. Second, defendants who settle with us don’t want other defense lawyers to know how much they have paid our clients. They certainly don’t want other plaintiffs’ lawyers to know, because if word got out, those lawyers would try to get the kind of settlements we get.
So, if we bragged about our settlements as others do, it would let people figure out which clients got how much, and it would hurt all our future clients because it would reduce the potential for getting them the kinds of settlements we have gotten others in the past. Since our primary responsibility is to do the very best we can for every client, the decision to forgo “bragging rights” is an easy one. So, while this list might make it look as if we don’t do much, it actually demonstrates how well we really do for our clients.
We can’t brag about our settlements, but verdicts after trials – whether before a jury or just with a judge – are public information. We aren’t afraid to bring cases to trial when we don’t receive a reasonable settlement offer from defendants, and we are successful in getting fair verdicts when we try a case as illustrated below.
If you have a case, we would be pleased to evaluate it for you and give you our honest and well thought-out assessment of its potential on a private and confidential basis. You can be confident that unless we go to jury verdict, no one will ever know how much we recovered for you.
After a six-week trial, an Alameda County, California jury returned a mesothelioma verdict which found Union Pacific Railroad Company responsible for the suffering and wrongful death of Jeffrey Emerson, who worked as a boilermaker at the Southern Pacific Railroad from 1971 to 1995. The company merged with Union Pacific in 1997. (Emerson v. Union Pacific Railroad Co., Alameda County Superior Court, Case No. RG-13698637)
An Oakland, California jury found that Owens-Illinois, a former manufacturer of KAYLO asbestos containing thermal pipe insulation, manufactured a defective product, was negligent, and failed to adequately warn consumers, and fraudulently concealed the health hazards of its KAYLO products. The jury also found that Owens-Illinois, Inc. acted with malice, oppression or fraud. (Rose-Marie and Martin Grigg v. Owens-Illinois, Alameda County Superior Court Case No. RG12629580).
Mesothelioma Trial: $11,000,000 Wrongful Death Verdict Reached for Automotive Parts Man with Mesothelioma
An Alameda County, California jury returned an $11 million verdict in an wrongful death suit against Pneumo Abex LLC on January 15, 2014. The jury was tasked with deciding the full amount of Mr. Bankhead’s widow’s and daughters’ losses due to his wrongful death 17 years before his life expectancy. (Emily Bankhead, Tammy Bankhead, and Debbie Bankhead Meiers v. ArvinMeritor, Inc., et al., Alameda County Superior Court Case No. RG12632899)
Kazan Law filed suit against the manufacturers of the asbestos products that an airline pilot diagnosed with mesothelioma was exposed to, as well as the property owner, tenant, and contractors at the hangar the man visited as a child. Kazan Law was able to defeat the defendants’ two attempts to remove the case to Federal Court in Philadelphia. The case was successfully resolved during jury selection. (Timothy and Caroline Vest v. Allied Packing & Supply, Inc., et al.,
Alameda County Superior Court Case No. RG09489518)
An Oakland, California jury found Crane Co, a manufacturer of industrial products, liable for a man’s mesothelioma after hearing evidence showing that Crane Co corporate officers knew or should have known as early as the 1930s that asbestos causes diseases that kill. (Hellam v. Crane Co., Nos. A138013 and A139141, 2014 WL 1492725 Cal. Ct. App., 1st Dist. Apr. 16, 2014)
A Hayward, California jury found Ford Motor Company guilty of defectively designed products, failure to warn of product defect, and negligence. (Patrick Scott and Sharon Scott v. Allied Packing & Supply, Ford Motor Company, et al, Alameda County Superior Court No. RG12613671)
An Alameda County, California jury found that manufacturers Pneumo Abex, Arvin Meritor, and Carlisle Corporation defectively designed their brakes, failed to adequately warn consumers and customers of the dangers the brakes posed, were negligent, and intentionally concealed information that could have prevented harm, and acted with malice, fraud and oppression, warranting a second phase determination. (Gordon and Emily Bankhead v. Allied Packing & Supply, Inc., et al, Alameda County Superior Court No. RG10502243)
Kazan Law filed suit against the manufacturer of insulation used at PG&E’s Moss Landing Steam Plant. The night clean up crew worked around asbestos containing dust and debris that covered their clothing and affected their breathing. The case was successfully resolved without being presented to the jury. (Donald Osterberg v. Allied Packing & Supply, Inc., et al., Alameda County Superior Court Case No. RG10515625)
An Oakland, California jury found RSCC Wire & Cable, manufacturer of Rockbestos asbestos insulated wire and cable products, guilty by failing to adequately warn consumers and customers of the dangers its wire products posed, its negligence, and its malicious and oppressive misconduct. (Ronald Merrill Ricker and Suzanna Ricker v. RSCC Wire & Cable, Inc., Alameda County Superior Court No. RG10496251)
An Alameda County jury found asbestos supplier Plant Insulation liable for mesothelioma. (Ulysses Collins and Cloristeen Collins v. Plant Insulation Company, Alameda County Superior Court No. RG0414330)
A Los Angeles jury found brake manufacturer Pneumo Abex had been aware of the deadly health effects of breathing asbestos dust, but did not begin warning its customers of those effects until decades later. (Robert Frank Smith and Mary Lou Smith v. Pneumo Abex LLC, Los Angeles County Superior Court Docket No. BC396072)
An Alameda County Superior Court jury found Hill Brothers Chemical Company responsible for mesothelioma and conduct undertaken with malice, oppression or fraud. (Karen Peterson and Jeffrey Peterson v. Hill Brothers Chemical Company, Alameda County Superior Court No. 2001-031817)
An Alameda County jury found Eternit, Inc., manufacturer of enameled cement asbestos board, liable based on design defect, failure to warn and negligent supply. (Don Lee Henderson & Marlene Henderson v. Eternit, Inc., Alameda County Superior Court No. 843027-6)
An Alameda County jury found asbestos-cement pipe manufacturer J-M A/C Pipe Co. negligent and its actions malicious. (William Hardcastle and Vonda Hardcastle v. J-M A/C Pipe Corporation, Alameda County Superior Court No. 830058-2)
An Alameda County jury found USX Corporation, successor corporation to Western Pipe & Steel shipyard, liable for mesothelioma that arose after childhood household exposure to asbestos. (Jeanette Franklin v. USX Corporation, Alameda County Superior Court No. 816407-0)
$48,000,000 Mesothelioma Verdict for Construction Worker
A Los Angeles jury found Union Carbide Corporation (UCC) liable for causing a construction worker’s cancer due to exposure to products made with asbestos, supplied by UCC’s asbestos mines. Mr. Izell was an 87 year old gentleman who developed mesothelioma after having been exposed to asbestos while building Los Angeles homes in the 1970s. This verdict was upheld on appeal by partner, Denyse Clancy.