St. Louis/Kansas City, Mo. (October 23, 2024) - St. Louis Partners Tracy J. Cowan and Karen M. Volkman, along with Kansas City Partner Vincent Gunter, secured a defense verdict in a Jackson County, Missouri matter on behalf of a Lewis Brisbois client, which was the successor-in-interest to a life, health and reinsurance firm, against claims brought by an individual who worked in the corporate headquarters and was diagnosed with mesothelioma.
Background
The plaintiff was 62 years old when she was diagnosed with mesothelioma. She worked as a clerk for several years in the 1970s in a 19-story office building that opened in 1963. The plaintiff claimed construction work being performed in the areas where she worked exposed her to asbestos from above the suspended ceiling. The beams and girders in the building were fireproofed with sprayed-on insulation. Although the plaintiff did not perform any maintenance work, she relied on evidence from several operating engineers who worked above the ceiling near the fireproofing to establish the presence of asbestos in the building. The plaintiff submitted claims for negligence and unsafe workplace. At the beginning of trial, the LBBS client had a pending motion for summary judgment on the grounds that the plaintiff's exclusive remedy was governed by the Missouri Workers' Compensation Law. The Court denied a motion to continue the trial and submitted the workers' compensation issue as an affirmative defense.
Witnesses
At trial, the plaintiff testified and offered the deposition testimony of several fact witnesses including former operating engineers in the building, several of whom claimed they developed asbestos-related diseases as a result of working in the building. The plaintiff also offered testimony from her former counsel in addition to the LBBS' client's former in-house counsel in her rebuttal case concerning the workers' compensation insurance. The plaintiff elicited expert testimony from the following: Arthur Frank, M.D., Ph.D., Environmental and Occupational Health; Barry Castleman, Sc.D., an Environmental Consultant and Researcher; Arnold Brody, Ph.D., a Pathologist; and William Ewing, CIH. The Court issued several unfavorable pretrial rulings including a ruling allowing the jury to hear evidence concerning other claims of asbestos-related disease by individuals who worked in the building.
LBBS' client offered the deposition testimony of several insurance representatives to address the workers' compensation affirmative defense. Timothy Oury, M.D., Ph.D., a Pathologist and Doug Lawson, Dr. P.H., CIH offered expert testimony on behalf of the defense at trial.
Damages Requested
During closing argument, plaintiff's counsel suggested an award of $20 to $30 million in actual damages to the plaintiff and a finding that the plaintiff was entitled to punitive damages.
Settlement
The plaintiff demanded $20 million to resolve this matter prior to trial and $12 million to resolve this matter prior to closing argument.
The Verdict
Following the closing arguments, the jury deliberated for approximately three hours before being released for the day. The jury sent several notes requesting to review videotaped testimony in addition to several pieces of evidence including evidence relating to the insurance policy obtained by the client. The jury requested additional evidence the following morning and deliberated for the remainder of the morning before returning a defense verdict.
St. Louis Partner Alejandro Frank along with St. Louis Associates Benjamin J. Coudret, Abigail Hawkins and Matthew Swafford supported the trial team. Paralegal Katrina Sroka served as the trial paralegal. Paralegal Christina Terlaje supported the trial team on site. St. Louis Legal Secretary Tina Walker also provided support.
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