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Caterpillar Inc. and Dana Holding Corp., an auto parts manufacturer, recently prevailed in an asbestos lawsuit earlier this August.
The Asbestos lawsuit was tried in Miami, Fla. and was brought on behalf of mechanic Pablo G., who died from mesothelioma cancer after spending years working with parts containing asbestos. The jury came to a decision after only a few hours of deliberation.
During the trial, the plaintiffs representing Pablo argued that Caterpillar Inc. and Dana Holding Corp. were liable for the auto mechanic’s injury because they failed to provide sufficient warnings about the dangerous materials that caused Pablo’s cancer. Pablo died in 2011 at the age of 79, no more than three months after having been diagnosed with mesothelioma.
Mesothelioma is a rare but deadly form of cancer that effects the lining of the lungs and is associated with asbestos exposure. Caterpillar Inc. and Dana Holding Corp claimed that expert testimony given during the trial demonstrated that 10 to 20 percent of mesothelioma cases occur naturally, without excessive exposure to asbestos fibers. The defense attorney argued to the jury that while Caterpillar Inc. and Dana Holding Corp. offered its condolences to the couple, certain inconsistencies existed between the trial testimony of Pablo’s son and his pretrial depositions. Caterpillar Inc. claimed that they were fighting the lawsuit because they knew they had nothing to do with causing Pablo’s mesothelioma cancer. The attorney for Caterpiller went so far as to state he was angry that the Company had to be there at all.
The plaintiffs in the case alleged that Caterpillar sold machines with parts that contained asbestos during the 1920s up until 1990. According to the lawsuit, the company knew that asbestos was toxic as early as 1959, but failed to place warnings on the products until as late as 1984.
Dana Holding Corp. was involved in the lawsuit due to their acquisition of Victor Gasket Manufacturing Co. In the lawsuit, Pablo’s representatives claimed that the company began receiving asbestos complaints from customers starting in the 1970s, but failed to place warnings on their products until 1985. Furthermore, although the company had created an alternative to asbestos products in 1980 they did not stop producing asbestos containing products until 1988.
While the companies did include warnings on their products, the labels did not specifically warn about risks of cancer or possible death. Nor did they suggest wearing respirators while working near the products. When the asbestos lawsuit was filed the plaintiffs were seeking $19 million in damages.
Overview of Asbestos Lawsuits
Product liability attorneys are currently looking for potential plaintiffs to bring asbestos lawsuits. Hundreds of asbestos lawsuits have been filed against various companies across the US. Billions of dollars in compensation have been awarded to asbestos plaintiffs in various lawsuits and settlements over the last few years. Awards and settlements from these lawsuits help victims pay past and future medical bills, as well as serve as a small step in compensating victims for the pain and suffering they have been forced to endure due to their diseases.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual mesothelioma lawsuit or asbestos class action lawsuit is best for you. [In general, mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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