Asbestos & Mesothelioma Law Blog
For purposes of this article, the mesothelioma victim in this case will be referred to as D.C.
In a recent court decision, a Florida jury awarded $18 million to D.C., a woman diagnosed with peritoneal mesothelioma. This rare form of cancer affects the lining of the abdomen and abdominal organs, known as the peritoneum. When Ms. D.C. filed her lawsuit, she named multiple companies as defendants. However, only one defendant went to trial: Hennessy Industries, a brake grinder manufacturer. After listening to the facts of the case, the jury awarded D.C. $18 million in damages and assigned 15% of the liability to Hennessy Industries.
D.C. had accused multiple companies, including Johnson & Johnson, a giant pharmaceutical company facing tens of thousands of asbestos-related lawsuits, and several auto parts manufacturers, of playing a role in her illness. Although these defendants were not at trial, the jury allocated them 85% of the blame for Ms. D.C.’s peritoneal mesothelioma. The jury agreed with D.C. that the remaining 15% of the responsibility should be assigned to Hennessy Industries’ brake grinder, which D.C.’s father had used for a long time. The jury found that the company had failed to warn users that their grinders contained asbestos, leaving them at risk of unknowingly inhaling asbestos fibers and developing asbestos-related illnesses such as mesothelioma.
According to D.C.’s legal representative, her father used Hennessy Industries’ brake grinder during his time at an auto shop in the 60s and 70s. The attorney also explained to the jury about the secondary asbestos exposure that D.C. suffered because of her father carrying asbestos dust home on his body and on his clothing, which she had been exposed to while cleaning the clothes. This secondary exposure eventually caused D.C.’s peritoneal mesothelioma.
Hennessy Industries tried to escape liability by arguing that the type of asbestos used in the brakes that Ms. D.C.’s father had worked with (chrysotile asbestos) does not lead to the development of peritoneal mesothelioma in women. The company also suggested that D.C.’s illness could have been due to genetics or other natural causes. However, these arguments did not persuade the jury.
During the 12-day trial, Ms. D.C.’s attorney brought expert witness testimony from an occupational medicine professional who challenged the company’s defense. The expert presented evidence showing that asbestos in brake dust can cause mesothelioma, including the type that D.C. has.
Ultimately, the jury agreed that Hennessy Industries failed to warn users about the dangers of asbestos exposure from their brake grinders. Although the other defendants bore most of the blame, the court found that Hennessy still shared some responsibility for D.C.’s condition due to its negligence. As a result, Hennessy Industries was required to pay Ms. D.C. $2.7 million.
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