Facts

On July 2, 2012, Raymond Huckins, a worker/owner in the automotive supply industry, was diagnosed with mesothelioma. On November 9, 2012 he died at age 77 from mesothelioma-related complications. His widow Marylyn Huckins and two adult sons brought a wrongful death and survivor action against various defendants, including Hennessey Industries Inc. (successor-in-interest to AMMCO Tools Inc.), alleging negligence, breach of express and implied warranties, and strict liability. Trial proceeded against Hennessy only after the other defendants were either dismissed or settled with plaintiffs prior to trial.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the decedent's mesothelioma was caused by years of inhaling asbestos dust released in the air while grinding asbestos-containing automotive brake shoes using AMMCO's brake shoe grinding machine. They claimed that AMMCO knew that asbestos was dangerous prior to introducing its product, but nonetheless continued to sell the machine with a porous cloth bag that did not adequately collect the asbestos dust. It allegedly continued to sell this porous bag for decades and never notified owners to warn them of the dangers of using this older bag. Plaintiffs alleged that Hennessy acted negligently and was strictly liable for decedent's exposure to asbestos, causing his wrongful death.

DEFENDANT'S CONTENTIONS:
AMMCO contended that it was not liable because its machine contained no asbestos but merely grinded products containing asbestos manufactured, sold and distributed by others.

Result

The jury found Hennessy/AMMCO was negligent, failed to recall and/or retrofit, and strictly liable for a design defect. It awarded economic damages of $258,000 to the plaintiffs, and non-economic damages of $300,000 to Marylyn Huckins. The award was reduced to a total of $408,000 due to the jury's finding that Hennessy was only 50 percent liable for the non-economic damages.

Other Information

FILING DATE: June 28, 2013.