Facts

Richard Walmach, a 60-year-old, was a career machinist mate working in naval shipyards and machine shops from approximately 1965 until 2002. He was diagnosed with early signs of mesothelioma in 2002, and definitive mesothelioma in 2005 when he passed away.

Walmach testified posthumously that while working in naval shipyards he did not perform work directly on boilers or steam generators, but rather was merely present when asbestos insulation was being removed from boilers in repair. This process generated significant amounts of asbestos dust, which Walmach breathed daily in his 37-year career.

Foster Wheeler, a manufacturer of power equipment, is a long-time supplier of U.S. Navy boilers, steam generators and related equipment for the U.S. Navy.

Walmach claims that as early as 1968 Foster Wheeler clearly knew of the asbestos risk and its link to lung disease. An internal memorandum defined maximum dust levels in the installation process and stressed the importance of respirator use amongst its own employees. Yet Foster Wheeler did not implement product labels warning consumers of the dangers.

Walmach claims had he been aware of the asbestos risk, he would have chosen a different line of work.

Result

$3.2 million in compensatory damages; $2 million in punitive damages. The jury found Foster-Wheeler guilty of malice as well as 30 percent responsible for Walmach's injuries.

Deliberation

three days

Length

six weeks