Defense Verdict for OTGB in Washington

SEATTLE, WASHINGTON, March 15, 2018 – O’Connell, Tivin, Griffin & Burns LLC, a national litigation firm, secured a defense verdict in Seattle, Washington on behalf of their client. The trial team was led by Daniel Griffin of OTGB’s Milwaukee office and received vital contributions from Daniel Pammer of OTGB’s Chicago office and Claire Weglarz of Hawkins Parnell Thackston & Young in Los Angeles. Trial paralegal, Susan Brooks, out of OTGB’s Milwaukee office, assisted the team throughout all aspects of the trial.

Plaintiff claimed James Clevenger’s mesothelioma was caused by his use of asbestos-containing products during his service as a boiler operator, technician, and machinist in the U.S. Navy from 1973 to 1978. Plaintiff alleged further exposure to asbestos-containing products used during his career as a pipefitter and maintenance worker in various sites throughout the northwest United States.

The Superior Court of Washington (King County) jury of twelve reached a verdict in favor of OTGB’s client – the lone remaining defendant – rejecting allegations of products liability, particularly on the issue of causation. The verdict is another in a long line of victories for OTGB as one of the nation’s leading litigation defense firms.

Plaintiff was represented by Jennifer Alesio and Meredith Good in association with the Brayton Purcell law firm. Testifying on behalf of the plaintiff was Arnold Brody, Ph.D., Richard Cohen, M.D., Steven Compton, Ph.D., Christopher Depasquale, CIH, Richard Sobonya, Allan Smith, M.D., Ph.D., James Mills (economist), and Joseph Ye, M.D. OTGB’s client called James Crapo, M.D., John Henshaw, CIH, Captain Margaret McCloskey (Navy librarian), David Godwin, M.D., and Alberto Marchevsky, M.D.

Judge Susan R. Parisien presided over the trial.

Summary Judgment Granted Against Wylder Law Firm in McLean County, Illinois

OTGB won summary judgment for our client in the Estate of Clarence Hardy matter filed in McLean County, Illinois. Plaintiff alleged his mesothelioma was caused by exposure to our client’s products while employed at the Puget Sound Naval Shipyard.  Plaintiff elicited testimony from a co-worker that identified our client on board several ships that were allegedly in the shipyard.  OTGB presented evidence that the co-worker was factually incorrect. The evidence included that the co-worker was in fact not at the shipyard at the same time as Plaintiff and that the ships identified were not at the shipyard during the time frame the co-worker testified to being there.

Plaintiff argued it was a question of fact for the jury to decide.  Judge Rebecca Foley disagreed and ruled with OTGB’s position that there was  lack of product identification and granted summary judgment.

Plaintiff was represented by the Wylder, Corwin, Kelly LLP law firm.

OTGB wins the first asbestos case tried before Federal Judge Staci Yandle in the Southern District of Illinois

After nearly two weeks of trial, the jury in the ANDREW KOCHERA case returned a defense verdict for O’Connell, Tivin, Griffin & Burns, LLC.’s client in Federal court.

Congratulations to Daniel Griffin, Sean Fergus and Simon Purnell of OTGB who successfully defended our client.  Mr. Kochera claimed to have developed asbestosis from his work with our client’s insulation, cement and packings while in the U.S. Navy and aboard the USS Franklin D. Roosevelt in the 1950s. His work included installation and removal of packing, mixing cement, applying insulation and sweeping up asbestos containing debris. Plaintiff asked the jury to award $5 million in compensatory damages and $10 million in punitive damages.  The jury of 8 deliberated for less than two hours and found our client not liable.

The case was tried before Honorable Staci M. Yandle in the United States District Court for the Southern District of Illinois located in Benton, Illinois.  Mr. Kochera’s case was originally filed in Madison County, Illinois but was removed to Federal court by a co-defendant.  Our client was the only defendant remaining in the case at the time of trial.

Plaintiffs called Dr. Rosner, Dr. Vuskovich and Jerome Spear, CIH as expert witnesses in their case.

Our client called Dr. Crapo, Dr. Madl and Captain McCloskey.

Plaintiff was represented by Ben Vinson, Jr. of the Vinson Law Firm in Tampa, Florida and Clay Zelbst of the Sloan, Bagley, Hatcher & Perry Firm in Longview, Texas.GriffinSean