Defense Verdict in Plaintiff-friendly Florida for OTGB

Tom Ben

O’Connell, Tivin, Griffin & Burns, L.L.C. achieved a MAJOR defense verdict in plaintiff-friendly Florida on September 29, 2014. The case was before Honorable Kenneth A. Marra.  The plaintiff, William Hays, at 67 years old died of mesothelioma. Our client was the sole defendant at trial.  He alleged exposure to our client’s gasket and packing products from 1959 through 1981 on board ship in the U.S Navy.  In addition to Mr. Hays’ videotaped testimony, Plaintiff called cellular biologist Arnold Brody, medical doctor Dr. Jerald Abraham and shipmate/commanding officer Commander Weaver.  The defense called industrial hygienist Dr. Fred Toca and medical doctor Dr. James Crapo.

The case went to the jury on two theories: strict liability and negligence.  The jury returned a defense verdict on both counts in 65 minutes.  The case was tried by O’Connell, Tivin, Griffin & Burns, L.L.C.’s Tom Burns with assistance from Ben Pucci of O’Connell, Tivin, Griffin & Burns, L.L.C. and Mike Holt of Rumberger Kirk & Caldwell as local counsel. This win marks O’Connell, Tivin, Griffin & Burns, L.L.C’s fifth defense verdict in a row.