Top Defense Verdicts--Chester Morrison and Diane Morrison v. Alfa Laval, Inc., Ford Motor Company, Dana Companies, LLC, and Crane Co.

Trying to impeach the credibility of a seriously ill man before a jury takes finesse, but Alexander G. Calfo also had to make understandable the many scientific questions that dominated this complex case.

"We had to rely on the science, which is difficult with a jury," Calfo said.

In 2010, plaintiff Chester Morrison, age 68, was diagnosed with mesothelioma and filed suit against about 60 defendants.

The case proceeded to trial against Ford Motor Co., Dana Companies LLC and Crane Co.

Plaintiffs alleged that Morrison's exposure to asbestos from work with Ford vehicles and friction products, including brakes, clutches and gaskets, over the course of his lifetime, along with his more than three decades as a truck driver and mechanic, caused the disease.

They also argued that his exposure to asbestos from his work with Dana and Crane were contributing factors.

Plaintiffs' counsel asked the jury to find the three defendants each 30 percent responsible for about $1 million in economic damages, and $24 million in noneconomic damages, and also sought punitive damages against all three.

The defendants contended that Morrison's illness was caused by his exposure to a certain type of insulation aboard ships Morrison had served on in the U.S. Navy from 1959 to 1963.

"I had some impeachment evidence on the plaintiff," Calfo said. "He claimed he worked on a lot more Ford brakes then he testified to in his deposition. Rather than impeach him on the witness stand, I played key excerpts of his video deposition. I waived cross-examination. There is no way for a defense lawyer to look good when a guy has mesothelioma."

Calfo's approach worked, along with admissions from the plaintiff's own expert witnesses, including that Morrison's exposure in the Navy was a significant contributing factor to the development of his illness.

The jury also was convinced by studies, Calfo said, showing that work with automotive friction products was not a health hazard.

The jury handed down a unanimous defense verdict.

- PAT BRODERICK

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