James Powers of Powers Law Firm in Houston has stated that his client and
co-defendant in a $75 asbestos suit, Dana Cos., will retain appellate counsel for
$75 million asbestos exposure verdict awarded was to a Long Island, New York
couple Marlena and Edward Robaey after a two-month trial.
Jan. 20, a six-member jury sided with the couple, represented by attorney
Danny Kraft Jr. of Weitz & Luxemberg in New York, handing down a verdict
that divided the financial liabilities among the remaining defendants in the
suit to Dana Cos. for 40 percent and Federal Mogul
Asbestos Personal Injury Trust
for 30 percent. The jury
awarded $50 million to Marlena Robaey for pain and suffering and $25 million
to Edward Robaey for loss of consortium. According Weitz & Luxemberg, the
verdict is the largest single asbestos verdict ever awarded in New York.
Peter York – a senior partner at Hawkins Parnell Thackston and Young in Atlanta
– along with his case partner Ollie Harton, recently confirmed that their
client, Federal Mogul Asbestos Personal Injury Trust, also is planning an appeal
against the verdict. Federal Mogul represents Felt Products
Manufacturing Co., producer of Fel-Pro engine gaskets.
Robaey’s original suit alleged that Marlena
contracted malignant peritoneal
mesothelioma, a cancer that attacks the lungs and abdomen, through asbestos
Robaey’s work as a mechanic often exposed him to asbestos dust that
would fall from worn gaskets as he removed them from engines. The theory was
that the fibers remained in his clothing, and Marlena
breathed them in while
racing enthusiast, Edward
also worked on cars in their home garage, where
often assisted him and swept up dust that contained asbestos. At the
time, neither of them were aware that the dust was a carcinogen, they claimed,
because there were no warning labels on the gaskets or packaging that indicated
there was a danger.
was diagnosed in November 2012 with mesothelioma, and she remains in hospice care
for the disease.
companies originally listed in the suit, Cleaver Brooks Co. and Crane Co.,
settled for an undisclosed amount prior to the end of the two-month long trial.
The verdict listed these two companies at 10 and 20 percent, respectively.
Supreme Court Justice Joan Madden has scheduled deadlines for appeal briefs,
which will lead to oral arguments scheduled for September.