The National Trial Lawyers
  • Home
    • Meet Our Team
    • Contact Us
    • Mission & Goals
    • FAQ
  • Webinars
  • News
  • Membership Directory
    • Top 100 Map – Civil Plaintiff
    • Top 100 Map – Criminal Defense
    • Top 40 Under 40 Map – Civil Plaintiff
    • Top 40 Under 40 Map – Criminal Defense
  • Top 100
    • Civil Plaintiff Officers / Executive Committee
    • Criminal Defense Officers / Executive Committee
    • Benefits
    • About
    • Top 100 Presidents Message
    • Diplomat
    • Membership Renewal
    • Member Profile Updates
    • Top 100 Badge
  • Top 40
    • Civil Plaintiff Officers / Executive Committee
    • Criminal Defense Officers / Executive Committee
    • Top 40 Under 40 Trial Academy Bootcamp
    • Benefits
    • About
    • Top 40 Presidents Message
    • Membership Renewal
    • Member Profile Updates
    • Top 40 Badge
  • Specialty Assoc
    • About
    • Shop
    • Officers
    • Membership Renewal
    • Member Profile Updates
  • Nominate
    • Top 100
    • Top 40
    • Specialty Association
    • Trial Lawyer Hall of Fame
    • Trial Lawyer of the Year
    • Trial Team of the Year
    • America’s Most Influential Trial Lawyer
    • America’s Most Influential Law Firm
    • Lifetime Achievement Award
  • Shop
  • Magazine
    • A-List
  • Education and Networking Agenda
    • Trial Lawyers Summit
    • Top 40 Under 40 Trial Academy Boot Camp
    • Mass Torts Made Perfect
    • The Lanier Trial Academy Master Class 6.0
    • The Business Of Law
    • Webinars
  • Hall of Fame
    • Trial Lawyer Hall of Fame

Court Blasts Attempt by Brake Maker to Weasel Out of $2M Asbestos Verdict

Posted on August 4, 2014 by Larry Bodine
national trial lawyers, weasel Pneumo Abex LLC,

Blasting the company, the court said, “We note Abex has presented a one-sided version of the statement of facts that favors its evidence.”

A California appeals court rejected a dubious effort by Pneumo Abex LLC, a maker of auto brake parts containing asbestos, to weasel out of a $2 million verdict against it that was supported by expert testimony.

“The testimony amply supported the apportionment of 13 percent of fault to Abex,” said the Third Appellate District of the California Court of Appeal on July 25 in Michael Lovelace v. Pneumo Abex LLC, case number C072371, an unpublished opinion.

The plaintiff, James A. Lovelace, died after the jury award of $2,072,164, and his son defendant the result as his father’s successor in interest. The company, based in Camden, NJ, sought a new trial, arguing that there was insufficient evidence against it.

Chrysotile causes mesothelioma

Allan Smith, a professor of epidemiology, testified that the overwhelming number of cases of pleural mesothelioma in adult men are caused by exposure to asbestos dust. In Smith’s opinion there was no doubt chrysotile –- the form of asbestos contained in Abex’s brake products –- causes mesothelioma. Based on the quantity and types of asbestos to which James was exposed as a plumber and truck mechanic, James would have suffered an increase in his risk of mesothelioma from all sources of asbestos.

Although secondary exposure to his father’s asbestos from the Johns-Manville plant would have contributed to James’s risk, such secondary exposure would not have somehow excluded all other of the asbestos exposures as a cause of his mesothelioma.

On the basis of studies, including a recent study of exposures to chrysotile miners in Italy, Smith rejected the hypothesis chrysotile did not cause mesothelioma. As to the Italian study, Smith explained: “That’s just one example that certainly chrysotile asbestos dust does cause mesothelioma.” Any assertion chrysotile dust exposure does not contribute to mesothelioma “just flies in the face of scientific evidence,” he testified.

Asbestos is the only known cause of mesothelioma

Smith’s testimony was echoed by Dr. Barry Horn, an expert on asbestos-related illnesses, who also explained there was no doubt James had mesothelioma and exposure to asbestos was the only known cause of mesothelioma in the United States.

Dr. Horn considered James’s exposures to Johns-Manville asbestos fibers and Abex asbestos fibers. He concluded that “all of that exposure contributes to the risk for the development of mesothelioma.” Given James’s exposure to Abex brake dust blown into the air with a compressor and due to sanding the brake shoes, Dr. Horn concluded the brakes James worked on substantially contributed to the mesothelioma.

James himself testified he worked on brakes for 30 years and could not estimate how many vehicles he worked on because it was “a lot.” James recalled seeing Abex labels on parts and boxes during those years.

Blasting the company, the court said, “We note Abex has presented a one-sided version of the statement of facts that favors its evidence and barely acknowledges James’s evidence. It affirmed the trial court and awarded Lovelace his costs on appeal.

Posted in Blog, Product Liability

Comments are closed.

News Categories

Read about other Top Jury Verdicts

The New Mexico Supreme Court Upholds $165 Million Damage Awards in a Deadly FedEx Crash

The New Mexico Supreme Court Upholds $165 Million Damage Awards in a Deadly FedEx Crash

The New Mexico Supreme Court on Thursday upheld $165 million of jury awards against FedEx in a wrongful-death lawsuit stemmin[Read More...]
Noom Reaches a $56 Million Class Action Settlement Over Its Autorenewal and Cancellation Policy

Noom Reaches a $56 Million Class Action Settlement Over Its Autorenewal and Cancellation Policy

Weight-loss program Noom has agreed to a $56 million settlement to resolve class action claims regarding its autorenewal and [Read More...]
Virginians Will Receive $489 Million in a Payday Loan Settlement

Virginians Will Receive $489 Million in a Payday Loan Settlement

Online payday loan companies that charged as much as 919% interest will spend $489 million to reimburse some 555,000 borrower[Read More...]
The State of Minnesota Will Pay $1.5 Million to a Man Who Alleged Excessive Force During an Arrest

The State of Minnesota Will Pay $1.5 Million to a Man Who Alleged Excessive Force During an Arrest

Minneapolis has agreed to pay $1.5 million to a man who said police used excessive force when he was arrested during the prot[Read More...]
A $230 Million Settlement Is Reached Over a 2015 Southern California Oil Spill

A $230 Million Settlement Is Reached Over a 2015 Southern California Oil Spill

The owner of an oil pipeline that spewed thousands of barrels of crude oil onto Southern California beaches in 2015 has agree[Read More...]

#LegalNews

@@TheNTLtop100

Contact Us | Terms of Use | Privacy Policy

Attorney information and content provided on this website is provided for the benefit of members of The National Trial Lawyers and as a public service by Legal Associations Management, Inc. The website and all data are the property of Legal Associations Management, Inc. Data, including without limitation attorney information and content, on the site may not be mined, sold, or used commercially for any purpose without the explicit written consent of Legal Associations Management, Inc. This site may not be accessed by any automated program for extracting data for any use. By accessing and using the site you agree that you will not develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plug-ins and add-ons, or any other technology) to scrape data or otherwise copy profiles and other data. Unauthorized use or attempted unauthorized use of this system may subject you to both civil and criminal penalties.