St. Louis Trial Partner Tracy Cowan, with assistance from St. Louis Partner Karen Volkman and Paralegal Katrina Sroka, recently secured a defense verdict in a jury trial that took place in Cook County, Illinois - a known "judicial hellhole." The matter involved claims brought against the successor-in-interest of a plastics grinding company by the surviving spouse and three daughters of a man who died from mesothelioma.
Background
The decedent was 61 years old when he was diagnosed with and died from mesothelioma. He worked as a truck driver who picked up materials from premises leased by Lewis Brisbois' client in Elk Grove, Illinois, a suburb of Chicago. The plaintiffs claimed our client ground plastics inside the facility, releasing asbestos fibers to which the decedent was exposed. The plastics grinding company was the only defendant at trial. Although the plaintiffs had little direct evidence concerning the processing of asbestos-containing products at the Elk Grove, Illinois facility, they relied on evidence concerning the activities at our client's other facilities, its relationship with a company known as Asbestos Corporation of America, and the lack of documents concerning the Elk Grove facility.
Witnesses
At trial, the plaintiffs testified and offered the deposition testimony of several fact witnesses including former employees, officers, and corporate representatives. The plaintiffs elicited expert testimony from a plastics and molding expert, an economist, and a doctor of environmental and occupational health, among others. The Lewis Brisbois trial team obtained several positive pretrial rulings, including prohibiting one of the experts from testifying that the "any exposure theory" supported his opinions concerning the cause of the decedent's mesothelioma. The court also prohibited another expert from testifying as to any statistical analysis that is based on a market share theory, including the market share of any client products, and from offering testimony relating to the defendant's share of the grinding market between 1970-1975, as well as the ultimate opinions in his report based on this analysis. The court further limited the economist's testimony regarding hedonic/loss of enjoyment of life damages.
Lewis Brisbois' client offered the deposition testimony of several corporate representatives to address the lack of records concerning product shipped to the Elk Grove facility and the lack of evidence concerning asbestos in their product. A doctor of occupational medicine and a Certified Industrial Hygienist offered expert testimony on behalf of the defense at trial.
Damages Requested
During closing argument, plaintiffs' counsel suggested $20 to $30 million in survival damages for the decedent's estate and the wrongful death claims brought by his family.
The Verdict
Following closing arguments, the jury deliberated for approximately two hours before being released for the day. However, the jury sent a note requesting to review the videotaped testimony of a witness and several pieces of evidence including demonstrative evidence that the court did not allow the jury to review. After reviewing the videotaped testimony, the jury deliberated for the remainder of the next morning before returning a complete defense verdict.
Mr. Cowan's trial team was assisted by Chicago Partner Jacob Sawyer, St. Louis Associates Alejandro Frank, Benjamin J. Coudret, Robert Kunkel, Lars Knutson, and Kelsey McLean, Paralegal Stacy Bishop, and Legal Secretaries Tina Walker and Sue Blankenship.
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