Settlement Archive

Extortion Lawsuits? Yuba City Coughs Up $15k To Make George Louie Go Away

October 17th, 2012. By AbiK

George Louie. If you live on the east coast or do not follow news regarding the Americans with Disabilities Act (ADA) you probably haven’t heard of Mr. Louie. But PACER (Public Access to Court Electronic Records) and hundreds of businesses and attorneys sure have. In fact, if you run a case locator search over at PACER right now—even narrow your search to just civil cases—you’ll find 1,060 records for George Louie.

See, he’s one prolific lawsuit filer. He files them pro se (that is, for himself—without an attorney). And, to many, he’s like that mouse that gets in your house and after you set traps, caulk openings, and even shove steel wool into any and every infinitesimal hole—guess what? Sure as shootin’ the darn thing manages to rip open the box of Bisquick® in the pantry. Yep, he’s that kind of annoying.

Given I write for  a legal new site, LawyersandSettlements.com, I’m all for justice—and ADA compliance. But I’m not for abusing the system or drumming up lawsuits against small businesses that can potentially drive them into bankruptcy when perhaps there are non-litigious workarounds to improve the situation. I daresay that the small businesses who’ve been targeted by Mr. Louie would do what they could (key words there: ‘what they could’) to provide their wares or services to him or help get him access to their establishments. Most small businesses aren’t in the business of trying to alienate customers. But why work with your foe when you can sue them!

So, note to Louie: if the very change you’re trying to affect can’t take effect because the business you’ve targeted can’t afford to make the change, thereby driving it into bankruptcy at worst or non-compliance penalties at best, what have you accomplished? You’re certainly not winning allies, and you—or the community—risks losing a part of what was helping to contribute to a more vital neighborhood.

But then what’s a community to do when under siege from a court-clogging wannabe hero (or grudge-holder, as Louie reportedly told the  Marysville Appeal-Democrat, “I hold grudges”)  who’s costing more time, money and effort than the community can bear?

Enter Yuba City, CA.

Yuba City just took a bold—some would say insane—step to put the brakes on George Louie.

They paid him off. Or, I should say, they settled with him, by agreeing to pay him $15,000 in order for him to stop bringing frivolous lawsuits against them and area businesses. According to the MercuryNews (10/15/12), Yuba City’s economic development manager, Darin Gale states Louie has “agreed not to file ADA lawsuits in our city, period. There’s no timetable. It’s forever.”

Now, what this means for future and copycat lawsuit opportunists is yet to be seen.  But what does this settlement accomplish?

Well, the obvious is that it gets George Louie off Yuba City small businesses’ backs. As CBS News-Sacramento reported (10/13/12), local business owner Jayne Sawyer—who owns  JJ’s Tools and Merchandise—said in regard to the possibility of being targeted by a Louie lawsuit, “We’d probably have to close it down. We do not have the capital; we’re barely breaking even.” Then she says, “It’s just sad because it’s not what the law [ADA] intended to do.”

But it surely doesn’t leave a good taste in everyone’s mouth regarding efforts to put the spotlight on ADA non-compliance. As Yuba City property manager Bill Meagher, who had two tenants sued by Louie, was quoted as saying, “These are extortion lawsuits.” Well, a $15k pay-off could be seen as such.

Tags: ADA, California, Discrimination, Frivolous Lawsuit, George Louie, Lawsuit, Rights of the Disabled, Yuba City
Posted in Discrimination, Emerging Issues, lawsuits, Settlement | 1 Comment »

Asbestos News Roundup: 10.4.12 – Auto Mechanic Asbestos Risk

October 4th, 2012. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Auto Mechanic Asbestos Disease Risk

Auto mechanics may not know it but they are at risk for asbestos-related disease. Asbestos was used in countless products, including automotive parts such as brake linings and clutch facings, from the 1930s until the 1980s. In fact, it is still used today in many products like car brakes, according to the Environmental Protection Agency (EPA).

According to an EPA document entitled “Guidance for Preventing Asbestos Disease Among Auto Mechanics”, “Millions of asbestos fibers can be released during brake and clutch servicing. Grinding and beveling friction products can cause even higher exposures. Like germs, asbestos fibers are small enough to be invisible and they can remain and accumulate in the lungs.” This can cause asbestos disease such as asbestos mesothelioma, which can take 30 years to manifest.

Asbestos Lawsuits

St. Clair County, IL: An asbestos lawsuit has been filed by Raymond and Deana Griggs naming 44 defendant corporations. In their lawsuit, the Griggs allege Raymond developed lung cancer as a result of being exposed to asbestos-containing product throughout the course of his work. The complaint states that Raymond Griggs worked as a miner, operator and maintenance worker from 1974 until 1984.

The Griggs further allege that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for Mr. Griggs’ safety.

As a result of his asbestos-related diseases, Raymond Griggs became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. In addition, he became prevented from pursuing his normal courses of employment and, as a result, lost large sums of money that would have accrued to him, the couple claim.

In their complaint, the Griggs are seeking a judgment of more than $100,000, compensatory damages of more than $100,000, economic damages of more than $150,000 and punitive and exemplary damages of more than $100,000, plus other relief the court deems just.

St. Clair County, IL: 77 defendant companies have been named in an asbestos lawsuit filed by Herman and Dorothy Leamons. Specifically, the Leamons allege the defendant companies caused Herman Leamons to develop colon cancer after his exposure to asbestos-containing products throughout his careers.

According to the Leamons’ complaint, Herman Leamons worked as a member of the PPF/UA Plumbers and Pipe Fitters Union Local 706 out of Arkansas and worked as a pipefitter at Ace Supply Company from 1970 until 1977.

The Leamons allege the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.

As a result of their asbestos-related diseases, Herman Leamons became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. In addition, he became prevented from pursuing his normal courses of employment and, as a result, lost large sums of money that would have accrued to him, the Leamons allege in their lawsuit.

In their complaint, the Leamons are seeking a judgment of more than $150,000, punitive and exemplary damages of more than $100,000, economic damages of more than $100,000, compensatory damages of more than $100,000 and punitive damages in an amount sufficient to punish the defendants and to prevent them from committing the same actions again.

Jefferson County, TX: Carol Gatlin has filed an asbestos lawsuit on behalf of the late Kenneth Gatlin, naming eight companies as defendants.

The lawsuit claims that because of Kenneth Gatlin’s exposure to asbestos-containing products over his career, he contracted esophageal cancer, a serious and debilitating disease that ended his life.

The lawsuit accuses the defendants of negligently selling and using asbestos products despite actual knowledge of the extreme risk of harm inherent to asbestos exposure. Further, the lawsuit claims the defendants also negligently failed to provide Kenneth Gatlin with a safe place to work.

The defendants named in the suit include Cameron Iron Works, Cooper Industries, Chevron USA, Air Liquide America, Guard-Line, Triplex, Yarway Corp. and Santa Fe Braun Inc. (SETexasrecord.com)

Asbestos Law

Chattanooga, TN: David Wood, James Mathis and Donald Fillers and the Watkins Street Project LLC have been sentenced for convictions of conspiracy and violating federal clean air laws. The men were charged for environmental violations that occurred while they worked on the demolition of a Chattanooga textile mill that contained large amounts of asbestos. Specifically, the prosecutors contended that while working on the former Standard Coosa Thatcher plant, the men and their company allowed asbestos to become airborne.

The men, convicted in January, were sentenced on Monday: Woods receive a 20-month prison sentence, Fillers a a a four-year prison sentence and fined $20,000, and Mathis received an 18-month prison term. The company must pay a $30,000 fine. (The Associated Press)

Tags: Asbestos, Asbestos Exposure, asbestos lawsuit, Asbestos Mesothelioma, Asbestos Settlement
Posted in Asbestos Mesothelioma, lawsuits, Settlement | No Comments »

Celine Dion Sued for Overtime Pay, Settles with Former Employees

October 2nd, 2012. By AbiK

Power Washing Not Part of the Job?

Seems the Queen of Love Songs hadn’t been showing the love to two of her former employees. Celine Dion has settled an unpaid overtime lawsuit filed by her former warehouse manager, Keith Sturtevant, and her former front-gate security guard, Raymond Weaver.

To be fair, the lawsuit was filed not only against Ms. Dion, but also against her husband, Rene Angelil and their production company, Feeling Productions, Inc. (Case No. 2:2012cv14236 filed June 27, 2012 in Southern District Court of Florida)

Sturtevant claimed he not only worked at Dion’s warehouse, but also performed various duties at Dion’s house—things like cleaning window shutters on the house, fixing kitchen items and running errands. Sounds like he was a jack-of-all-trades for Ms. Dion as he also apparently set up and tore down party equipment at various events hosted by Dion. According to the lawsuit, Sturtevant was classified as an exempt employee—meaning he would not be eligible for overtime pay; but he performed non-exempt job duties and, therefore the lawsuit argued, he should have been entitled to overtime pay under the FLSA. (Click here for more on exempt vs. non-exempt and what it all means.)

The other plaintiff, Weaver—the security guard—alleged having to take on other duties unrelated to security. These include cleaning Dion’s driveway (it apparently would get berries on it), hosing down patios, cleaning rust off bolts in the swimming pool and lazy river, cleaning tennis courts and, from the sound of it, playing cabana boy should a beach umbrella or two need to be set up—or taken down. Weaver also claimed he was misclassified as exempt.

Well, we won’t know the terms of the settlement, but rather than go to court to duke it out Ms. Dion has settled with Sturtevant and Weaver. And let’s hope both gentleman request detailed job descriptions at their next places of employment…

Tags: Celine Dion, FLSA, Misclassified Employee, overtime lawsuit, Overtime Settlement, Unpaid Overtime
Posted in Emerging Issues, Employment, lawsuits, Settlement | No Comments »

Asbestos News Roundup: 9.20.12 – Pipefitter Asbestos Risk, Canadian Ban

September 20th, 2012. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Pipefitters, Boiler and Furnace Technicians Asbestos Disease Risk

According to the Environmental Protection Agency, insulation blankets (the outside covering or shell), door gaskets, duct insulation, and tape at duct connections of furnaces and boilers can all contain asbestos. Technicians who worked on repairing boilers and furnaces in the past would have been at risk for asbestos exposure.

Asbestos was used between 1930 and 1972 as high-temperature insulation for oil, coal, or wood furnaces, generally found in older homes. Steam and hot water pipes were insulated with asbestos-containing material, particularly at elbows, tees, and valves. Pipes may also be wrapped in an asbestos “blanket”, or asbestos paper (which looks very much like corrugated cardboard). Asbestos-containing insulation has also been used on and inside round and rectangular furnace ducts. Sometimes the duct itself may be made of asbestos-containing materials.

This week, a long-running asbestos lawsuit was settled. The lawsuit, brought by retired pipefitter and contractor Robert Kreimer, who is now approximately 77 years old, involved numerous defendants, who were charged with being responsible for Kreimer’s asbestos mesothelioma.

Asbestos Lawsuits

Charleston, WV: A total of 71 companies have been names as defendants in an asbestos lawsuit filed by a couple from South Shore, KY. James D. Holbrook, who was diagnosed with esophageal cancer on August 23, 2011, claims the defendants are responsible for the diagnosis.

In their lawsuit, Holbrook and his wife, Guyneth Marie Holbrook, allege he was exposed to asbestos during his employment as a laborer and worker from 1956 until 1987.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the lawsuit. Certain defendants are also being sued as premises owners and as James Holbrook’s employers for deliberate intent/intentional tort, according to the lawsuit.

The 71 companies named as defendants in the suit are A.K. Steel Corporation; 3M Company; Ajax Magnathermic Corp.; Amdura Corporation; A.W. Chesterton Company; Beazer East, Inc.; Bechtel Corporation; Brand Insulations, Inc.; Bucyrus International, Inc.; BW IP, Inc.; CBS Corporation; Catalytic Construction Company; Caterpiller, Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Company; Crown, Cork & Seal USA, Inc.; Cyclops Corporation; Detroit Steel, Inc.; Dravo Corporation; Eaton Corporation; Flowserve Corporation f/k/a the Duriron Company, Inc.; Flowserve Corporation as Successor-In-Interest to Durametallic Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; General Refractories Company; Georgia-Pacific LLC; Geo. V. Hamilton, Inc.; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories Company; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Morgan Engineering, Inc.; Nitro Industrial Coverings, Inc.; Oakfabco, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pneumo Abex, LLC; Premiere Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric; State Electric Supply Company; Swindell Dressler International Corporation; Tasco Insulations, Inc.; Thiem Corp.; UB West Virginia, Inc.; Union Carbide Chemical and Plastics Company, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Vimasco Corporation; West Virginia Electric Supply Company; and Yarway Corporation.(wvrecord.com)

Asbestos Settlements

Madison, IL: A settlement has been reached in an asbestos mesothelioma lawsuit brought by Robert Kreimer and his wife, Margie Kreimer, of Cleveland, OH. In their lawsuit, filed in November 2010, the couple sued 66 corporate defendants, and all but two defendants —mechanical seal manufacturer John Crane Co. and metal valve maker Crane Co.—had settled or had been dismissed earlier.

Born in 1935, Robert Kreimer, now approximately 77 years old, alleges he suffers from mesothelioma. From 1956-1986 he worked as a pipefitter for various contractors, including Johnson Controls, Robert Shaw, EJ Nolan, M.W. Kellogg Piping, Bechtel, Combustion Engineering, Babcock & Wilcox and Kaiser Engineering and various industrial and commercial job sites in Ohio, Kentucky and Indiana.

The lawsuit states that the defendants should have anticipated the plaintiff’s exposure to asbestos fibers. The lawsuit also claims that defendants agreed and “conspired among themselves” and with other asbestos manufacturers, distributors, and trade organizations, to injure the plaintiff.

The suit was settled this week and to date no details of the settlement have been released. (madisonrecord.com)

Asbestos News

Canada will no longer oppose global regulations restricting the use and shipment of asbestos. The news came following the election of a new government to the province of Quebec, which is home to Canada’s asbestos industry. The incoming Parti Québécois said it would cancel the federal loan and ban asbestos production and exports outright. As a result, federal Industry Minister Christian Paradis announced that the federal government will no longer support the asbestos industry.

According to a report by the Canadian Broadcasting Corporation, “…Paradis said his Conservatives are reversing course and won’t use their veto to stop chrysotile asbestos from being listed as a hazardous substance under the international Rotterdam Convention.

Paradis also said Ottawa will invest up to $50 million to help the country’s last remaining asbestos mining region, in Quebec’s Eastern Townships, to diversify into other areas of activity.”

The Harper government had consistently blocked the chrysotile form of asbestos from being listed under the Rotterdam Convention. The convention requires consensus of its members to list a substance; the convention already covers five other forms of asbestos. (cbc.ca)

Tags: Asbestos, Asbestos Exposure, asbestos lawsuit, Asbestos Mesothelioma, Asbestos Settlement
Posted in Asbestos Mesothelioma, lawsuits, Settlement | No Comments »

Asbestos News Roundup: 8.2.12 – Welder, Pipefitter Asbestos Risk

August 3rd, 2012. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Welders, Construction Workers and Millwrights Asbestos Risk

Many of the materials used in construction, including welding, pipefitting, and millwright work, contained, or in some cases still contain asbestos. By the mid-20th century asbestos was being used in fire retardant coatings, concrete, bricks, pipes and fireplace cement, heat, fire, and acid resistant gaskets, pipe insulation, ceiling insulation, fireproof drywall, flooring, roofing, lawn furniture, and drywall joint compound.

It wasn’t until the 1980s that the knowledge of the dangers of asbestos exposure and related asbestos disease became more widely known amongst the general public. Consequently, millions of men and women likely worked on or around asbestos without any protection for decades.

It would not be uncommon for people to work with asbestos-containing products, either installing or removing them, which would send asbestos fibers into the air. The fibers are inhaled, and settle on people’s clothing—and that’s how asbestos disease begins. People who become ill from asbestos are usually exposed to it on a regular basis, hence the hundreds of asbestos lawsuits we are seeing now.

Asbestos Lawsuits

 Charleston, WV: Lillian Reilly, the widow of the late James Reilly, is suing 53 companies she claims are responsible for her husband’s lung cancer and death. Mrs. Reilly claims her husband was exposed to asbestos during his employment as a welder and millwright from 1965 until 1997.

James Reilly was diagnosed with lung cancer on September 2, 2011. He died less than a year later on April 27, 2012 according to the lawsuit.

Mrs. Reilly claims the defendants failed to warn her husband about the dangers of asbestos, and that the defendants also failed to supply him with proper apparel to wear while handling asbestos.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the lawsuit.

Lillian Reilly is seeking a jury trial to resolve all issues involved.  The 53 companies named as defendants are A.W. Chesterton Company; Air & Liquid Systems Corporation; Armstrong International, Inc.; Aurora Pump Company; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve U.S., Inc. f/k/a Durco International, Inc.; Flowserve U.S., Inc. f/k/a Flowserve FSD Corporation; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell, Inc.; Howden North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; Lockheed Martin Corporation; McJunkin Corporation; Morgan Engineering Systems, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; P&H Mining Equipment, Inc.; Rapid American Corporation; Reading Crane and Engineering Company; Riley Power, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Surface Combustion, Inc.; Swindell Dressier International Corporation; Tasco Insulations, Inc.; The Alliance Machine Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yarway Corporation; and Zurn Industries, Inc. (WVRecord)

Charleston, WV: Daphene Y. Steele has filed an asbestos lawsuit against 41 companies she claims are responsible for her husband’s lung cancer and death.

On December 22, 2010, William Y. Steele was diagnosed with lung cancer. He died from the disease on November 21, 2011, according to the lawsuit.

Mrs. Steele claims he was exposed to asbestos during his employment as a laborer and coal miner from 1965 until 1991. She further claims that the defendants failed to warn her husband about the dangers of asbestos, and also failed to supply him with proper apparel to wear while handling asbestos.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the asbestos lawsuit.

Daphene Steele is seeking a jury trial to resolve all issues involved. The 41 companies named as defendants are 3M Company; A.W. Chesterton Company; Borg-Warner Corporation; Caterpillar, Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve FSD Corporation; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company; Genuine Parts Company; Goulds Pumps, Inc.; Grinnell, LLC; Honeywell International; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; Maremont Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; Pneumo Abex Corporation; Protective Treatments, Inc.; Rapid American Corporation; Riley Stoker Corporation; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc.; The Goodyear Tire & Rubber, Co.; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; and Vimasco Corporation.

Charleston, WV: A couple from Kentucky has filed an asbestos lawsuit naming 54 companies they claim are responsible for Randy Carson Fields’ asbestos lung cancer diagnosis.

Mr. Fields was diagnosed with lung cancer, according to the lawsuit, on September 29, 2011. Fields claims he was exposed to asbestos during his employment at various mining and coal companies from 1963 until 1987.

The lawsuit alleges the defendants failed to warn Mr. Fields about the dangers of asbestos, and that they failed to supply him with proper apparel to wear while handling asbestos.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the lawsuit.

Fields and his wife, Mabel Lou Fields, are seeking a jury trial to resolve all issues involved. The 54 companies named as defendants are 3M Company; A.W. Chesterton Company; Aurora Pump Company; Borg-Warner Corporation; Caterpillar Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve FSD Corporation; Flowserve U.S., Inc.; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; Genuine Parts Company; Goulds Pumps; Grinnell, LLC; Honeywell International; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand; ITT Corporation; Joy Technologies, Inc.; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; P&H Mining Equipment, Inc.; Pettibone/Traverse Lift, LLC; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid-American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; Sears, Roebuck And Co.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc; The Goodyear Tire & Rubber, Co.; Uniroyal, Inc.; United Conveyor Corporation; Viacom, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, LLC. (WVRecord)

Asbestos Settlements

New Castle, DE:  A Delaware jury has awarded a $2.86 million verdict to the family of Michael Galliher, who died from asbestos mesothelioma. The lawsuit was filed against RT Vanderbilt In re Asbestos Litigation Michael Galliher, No. 10C-10-315 (Del. Super. Ct., New Castle City.). The settlement is the largest asbestos verdict against a single defendant in Delaware in over a decade.

Michael Galliher, of Mansfield, Ohio, was diagnosed with pleural mesothelioma in August 2010. He died months later on February 3, 2011 at the age of 62. While working at Crane Plumbing Fixtures Factory for nearly 40 years, Galliher used a talc powder contaminated with asbestos fibers to dust large molds of sinks, bathtubs and other ceramic fixtures. The asbestos fibers came from a mine in Gouverneur, NY, owned and operated by RT Vanderbilt Company, Inc.

Expert testimony during the trial linked Galliher’s exposure to talc dust containing asbestos fibers. RT Vanderbilt did not list the proper safety warning on the talc powder.

“The magnitude of Mr. Galliher’s exposure is immeasurable,” said the attorney representing Galliher. “Like many Americans, he worked hard his entire life so he could enjoy retirement with his grandchildren. Instead, it caused him to be exposed to asbestos and develop a deadly cancer.”

Six years before his death, Galliher retired to spend more time with his grandchildren, family members said. His three local grandchildren would visit him and his wife almost daily. He taught them how to garden and play baseball. He would also take them on regular trips to a local lake or mushroom hunting. He passed away just two weeks shy of his 33^rd wedding anniversary.

Founded in 1916, RT Vanderbilt is a mining and manufacturing company that sells more than sixty categories of minerals and chemicals used in over 800 products in industries including the rubber, plastic, petroleum, ceramic, cosmetic, and household products industries.

The verdict applies 100 percent liability to the company. (PR Newswire)

Tags: Asbestos, asbestos lawsuit, asbestos legal help, Asbestos Mesothelioma, Asbestos Settlement
Posted in Asbestos Mesothelioma, lawsuits, Settlement | No Comments »