Facts

Plaintiff Jim Henry is a 69-year-old former Navy Machinist Mate. He and his wife sued 78 defendants in this living mesothelioma and loss of consortium action, alleging exposure during Jim Henry's 12 years in the Navy as a machinist's mate as well as civilian exposure to construction, refrigeration, and automotive products.

The plaintiffs claimed that Henry had bystander exposure to gaskets in Cooper Bessemer diesel engines on two ships and that Cooper Cameron was responsible for insulation on the exhaust stack and muffler connected to the engine. The plaintiff claimed direct exposure to gaskets and insulation on Elliott equipment.

Settlement Discussions

Demand: $650,000 to Cooper Offer: $40,000 by Cooper

Damages

$244,355.

Injuries

Plural mesothelioma (undisputed by the defendants).

Result

Defendants Cooper Cameron and Elliott Turbo Machinery obtained defense verdicts. The other defendants all contributed to a settlement totaling $11 million dollars prior to trial. At trial, the jury found that there was no evidence of exposure to asbestos-containing gaskets in the engines and that the Navy, not Cooper Cameron, was responsible for insulation specified and supplied by the Navy. The jury further found that Cooper Cameron had no duty to warn the plaintiff or the Navy regarding insulation applied by the Navy. The verdict was 11-1 in favor of Cooper Cameron on all counts. The jury also found that Elliot was negligent but that the negligence was not a substantial factor in causing Henry's mesothelioma. The jury found in favor of Elliot 10-2 on all other counts.

Deliberation

2.5 days

Poll

11-1 (for Cooper Cameron)

Length

six weeks