Baccus v. Bondex International, et al.
Published: May 31, 2008 | Result Date: Mar. 21, 2008 | Filing Date: Jan. 1, 1900 |Case number: 001063 Verdict – $25,200,000
Court
Philadelphia Court of Common Pleas
Attorneys
Plaintiff
Defendant
Terry Budd
(Budd Law PLLC )
Experts
Plaintiff
Frank Burger
(technical)
John C. Maddox
(medical)
Steven Paskal
(technical)
Defendant
Samuel Forman
(technical)
James Delaney
(technical)
Michael J. Matteson
(technical)
David P. Sargeant Jr.
(technical)
Charles L. Blake
(technical)
James Crapo
(medical)
Facts
James Baccus served as a Navy machinist mate performing heavy maintenance in the engine rooms aboard the USS Block Island and USS Wasp from 1951-1955. From 1957-1977, he was employed by American Synthetic Rubber Company in Kentucky, where he worked as a machinist, technician, and maintenance general foreman. Baccus was diagnosed with mesothelioma in January 2007. The debilitating disease forced him to give up a successful consulting business, and he died six months later at the age of 76 in July 2007. The Kentucky native is survived by his wife of 50 years, Syble, as well as two adult children and six grandchildren. Defendants argued that Baccus was not exposed to asbestos using their products, and in any event, the type of asbestos (chrysotile) contained in their products did not cause cancer.
Result
$25.2 million award ($7 million compensatory; $18.2 million punitive). Compensatory: $2.5 million for wrongful death; $3.5 million for loss of consortium; $1 million for physical pain, mental anguish and distress. Punitive (gross negligence): $11.9 million from Crane Co.; $6.3 million from Yarway.
Other Information
In Phase I of the trial, the jury agreed with medical evidence that Baccus suffered from mesothelioma, as well as with work history evidence that his mesothelioma was caused by ongoing exposure to asbestos containing pumps, valves and compressors that he worked on and around throughout his career. The defendants moved to apply Kentucky law to the entire case. Defendants Crane Co. and Yarway, after trial had already commenced, moved to apply federal maritime law given Baccus's exposure while serving in the Navy. The court denied this motion. In this three-phase, reverse bifurcated trial over defendant's objections, the trial judge applied Pennsylvania law in the first phase, in which the jury heard evidence only about Baccus' medical history and work history, and applied Kentucky law to Phases II (liability phase) and III (punitive damages phase) based on the facts of the case. The jury assigned 100 percent liability for Baccus' death to the three remaining manufacturers. In assigning liability, the jury rejected defense arguments that Baccus was not exposed to harmful levels of asbestos through their products, and that the type of asbestos in their products (chrysotile) did not cause cancer, as well as the argument that Baccus' mesothelioma was due mainly to exposure from pipe insulation. The jury subsequently made a finding of gross negligence by Crane Co. and Yarway in Phase III, primarily on the basis of documentation that these manufacturers had early knowledge about the dangers of exposure to the asbestos in their products - and that neither defendant warned about the dangers of asbestos in light of their knowledge. The jury found Crane Co. 35 percent liable, John Crane Inc. 45 percent liable and Yarway 20 percent liable. Defendants have filed extensive post-trial motions detailing the numerous points of reversible error they contend the court committed throughout the trial, including numerous failures to follow and apply standard, relevant jury instructions. Counsel for Crane Co. has confirmed that the case will be appealed to the highest levels given their strong belief in the merits of their contention that the court misapplied - or failed to apply - the law properly in numerous respects throughout the trial.
Length
one week (Phase I); five weeks (Phase II and III)
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