Facts

Randolph and Edna S. Morton filed suit against Pneumo Abex LLC, the successor-in-interest to Pneumo Abex Corp. and Abex Corp, Hennessy Industries, and numerous other companies believed to have manufactured, distributed, or worked with asbestos-containing products. Claims against all defendants besides Pneumo Abex and Hennessy Industries were disposed of through dismissals or settlements, and the matter proceeded to trial only against Pneumo Abex and Hennessy Industries.

PLAINTIFFS' CONTENTIONS: Randolph, a former engineer in his 70s diagnosed with stage-IV lung cancer, alleged his disease was caused by asbestos exposure. Randolph contended that he was exposed to asbestos through defendants' manufacture, distribution, and work with asbestos-containing products. Randolph argued that he worked with a brake grinder manufactured by Hennessy Industries that grinded automotive brake shoes that often contained asbestos, and some of the brake shoes he grinded that were manufactured by Pneumo Abex had brake lining containing asbestos. Randolph claimed that defendants' products failed to perform as safely as an ordinary consumer would expect, and the products presented risks that outweighed their benefits. Further, Randolph asserted that the defendants defectively designed their products and did not provide warnings disclosing the hazards of asbestos exposure. Randolph alleged that it was known in the 1960s that asbestos exposure caused cancer and automotive mechanics were at risk, so the brake grinding machinery should have been designed to minimize any risk of users breathing in asbestos dust. Additionally, Randolph claimed the brake grinder and linings should have had warnings of the risks of asbestos.

DEFENDANTS' CONTENTIONS: Defendants contended that the articles Randolph cited were limited to discussing textile workers and mechanics, but did not discuss brake mechanics. Defendants argued that brake mechanics were not at risk of developing lung cancer from asbestos, and even if they were at risk, Randolph was exposed to such limited asbestos that his risk of developing lung cancer was not increased. Defendants claimed that Randolph's lung cancer was actually caused by a genetic mutation of the epidermal growth factor receptor, not asbestos.

Damages

Randolph sought past and future medical and nursing expenses, damages for future lost social security benefits, damages for past and future loss of household services, damages for past and future pain and suffering, and punitive damages. Edna sought damages for loss of consortium.

Injuries

Randolph was diagnosed with stage-IV lung cancer and underwent treatment including chemotherapy, weekly intravenous nutritional therapy, Myers' cocktails, high-dose vitamin C treatments, and glutathione injections. Randolph's prognosis was terminal.

Result

The jury rendered a defense verdict. The jury found Pneumo Abex and Hennessy Industries were negligent in the manufacture, distribution, and sale of their products, but their negligence was not a substantial factor in causing Randolph harm. The jury determined that Pneumo Abex's brake lining had known potential risks that presented substantial danger to users of the linings, but the lack of adequate warnings was not a substantial factor in causing Randolph harm. Further, the jury concluded that Hennessy Industries' brake grinder lacked potential known or knowable risks. The jury also found neither defendant was generally negligent, their products did not fail to perform as safely as an ordinary consumer would expect, and the risks of the products' designs did not outweigh those designs' benefits.

Length

7 weeks