Scott Monge Wins Wrongful Death Case for Client Exposed to Asbestos

FACTS: Plaintiff’s decedent was employed for approximately 14 years at a glass manufacturing facility which was located in Johnson City, Tennessee. During his employment, decedent worked as an assembly line worker. In July 2000, after plaintiff had been retired for a number of years, he was diagnosed with mesothelioma, In August 2002, decedent died from the disease. Plaintiff alleged that during home repair project and during decedent’s employment at the glass manufacturing facility, decedent had been exposed to multiple products which contained asbestos and had been manufactured and distributed by the various defendants companies. Further, plaintiff maintained that decedent developed mesothelioma and died because of his exposure to these products. Plaintiff pursued products liability theories, including failure to warrant negligence theories against the defendants, Defendants contended their individual products which contained asbestos could not have individually released enough fibers to be a causative agent for mesothelioma. Further, defendants argued that some of the products which plaintiff was alleging were harmful, did not even contain asbestos. All rights to the use of reproduction of this case summary are reserved to JAS Publications, Copyright 2003.

ALLEGED INJURY: Wrongful death. Decedent was survived by his wife and two adult children.

EXPERT WITNESSES: Plaintiff: Eugene J. Mark, M.D. – Pulmonary Pathologist; Boston, MA Arnold Brody, Ph.D. – Biologist/ Asbestos Diseases; New Orleans, LA Edwin C. Holstein, M.S. – Occupational Medicine; Auburndale, MA William Ewing – Industrial Hygienist; Atlanta, GA Richard Hatfield – Industrial Hygienist; Atlanta, GA Defendant: N/A

EDITOR’S NOTE: Per plaintiff’s counsel Guerry, Defendant A C & S is in bankruptcy and subject to the automatic stay provisions when the case was resolved. The settlement consisted of multiple settlements including some confidential settlements, with various manufacturer distributors of products containing asbestos to which plaintiff had allegedly been exposed. Further, plaintiff’s counsel Guerry asserted the settlements in the case were impacted by the quality of the means evidence and the quality of the product identification.

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