Mark Tivin and Simon Purnell of O’Connell, Tivin, Griffin & Burns, LLC with local counsel, James Elliott of Richardson Plowden, obtained a defense verdict in the Dennis Seay, mesothelioma case.  The case was tried in the South Carolina 7th Judicial Circuit Court for Spartanburg County in South Carolina.  The case was tried before Honorable D. Garrison Hill.  The plaintiff claimed to have developed mesothelioma and died at the age of 70 from his work at Hoechst-Celanese which included exposure to our client’s gaskets for 10 years. This included using a power wire brush to remove gaskets from flange faces.

Plaintiff called Drs. Brody, Kradin and Holstein as expert witnesses.  OTGB called Drs. Toca, Crapo and Roggli.  After deliberating for several hours, the jury found our client not liable.  The jury did award $12,000,000 in compensatory damages to Plaintiff and found Hoechst-Celanese liable for the full amount. The jury also awarded $2,000,000 in punitive damages against Hoechst-Celanese.

Plaintiff was represented by Mr. Christopher Panatier from Simon Greenstone.

Hoechst-Celanese was represented by H. Lane Young II of Hawkins Parnell Thackston & Young LLP in Atlanta.

Despite sitting through almost three weeks of trial, the jury only needed twenty minutes to return TWO DEFENSE VERDICTS in a consolidated trial for OTGB’s client in Baltimore, Maryland.  Baltimore, Maryland is notorious for being Plaintiff friendly and this is only the third asbestos defense verdict over the past few years.

The Estates of Waldon Edwards and Walter Koepper, both diagnosed with mesothelioma, consolidated their cases and were tried in front of Honorable Judge Lawrence P. Fletcher-Hill.

The Estate of Waldon Edwards alleged that his  death was caused by exposure to our client’s gaskets, packing and rope from his work as a mechanical helper at Bethlehem Steel, Sparrows Point in Baltimore, Maryland in the 1960s and 1970s.

The Estate of Walter Koepper alleged that his death was caused by exposure to gaskets, packing and rope from his work as a machinist at the Lever Brothers Plant in Baltimore, Maryland in the 1960s through the 1980s.

Plaintiffs called as expert witnesses Dr. Arthur Frank, Dr. Arnold Brody, Dr. Jerrold Abraham, Dr. John Maddox, William Longo, Dr. Jerry Lauderdale, David Rosner, Dr. James Millette and Dr. Christine Oliver.  Our client called as its witnesses Dr. Amy Madl, Dr. James Crapo and Dr. Fred Toca.

The attorneys for the plaintiffs were from the Peter Angelos Firm. Trial attorneys from OTGB were Dan Griffin, Tom Burns and Alex Hryhorczuk along with local counsel from Miles & Stockbridge including Michael Brown and Deborah St. Lawrence-Thompson.

Congratulations to all. Another great win for the defense.

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Benjamin J. Pucci Elevated to Equity Member

O’Connell, Tivin, Griffin & Burns, L.L.C. has elevated Benjamin J. Pucci to equity member. Ben started with the firm as an associate in 2006.  Throughout his time with the firm, he achieved the ranks of senior associate and non-equity member.  Ben handles various asbestos matters for both national and local jurisdiction clients.  Ben is also a trial attorney.  Congrats to Ben!

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.

Mark Tivin wins big in Philly trial

Mark Tivin, equity partner and trial attorney for OTGB, successfully obtained a defense verdict for an asbestos client in Philadelphia in the HOGAN case.  Plaintiff was represented by the Howard, Brenner & Nass, P.C. law firm.  More details to follow. Congrats Mark on yet another OTGB defense verdict.

OTGB achieves another defense verdict

Congratulations to OTGB and Kenan Rand of Plauche, Maselli & Parkerson for receiving a defense verdict on behalf of a firm client in the Landry case in New Orleans, LA on April 29, 2014.  The plaintiff at trial was the family of Raleigh Landry, who died as a result of pleural mesothelioma.  Mr. Landry’s alleged exposure to our client’s asbestos-containing products from 1958 to 2001 at a variety of industrial and maritime sites throughout Louisiana.  Experts at trial included Dr. James Millette, Dr. William Longo and Dr. James Crapo.  The jury found that Mr. Landry was not exposed to asbestos from our client’s products and found for the defense.