Jurisdiction: Broward County Circuit Court
A Florida jury on April 23 handed down an $18 million verdict in aperitoneal mesothelioma case brought by the law firm of Maune Raichle Hartley French & Mudd, LLC.
Plaintiff Denise Guth Cook spent time in her father’s shop as a childas herfather and brothers were career mechanics. Plaintiff alleged her father and brother used Ammco brake grinders that released asbestos-containing brake dust into the air, which also landed onto the ground and their clothes. Plaintifffurther allegedthat she inhaled this dust as she helped clean her relatives’ clothes after their shifts.
The alleged exposure primarily occurred between 1970 and 1979. Plaintiff sued Hennessy Industries, an entity that purchased Ammco after the alleged exposure period. Plaintiff alleged Hennessy/Ammco were strictly liable for her diagnosis. Plaintiff also claimed the defendant negligently failed to adequately warn individuals about the asbestosexposure people could experience when using the grinder.
At the time of trial, only Ammco remained as a defendant. Some of the original defendants and other non-party entities were listed on the verdict form as defendants. The jury returned a defense verdict on the strict liability claim. However, the jury also concluded that Hennessy was negligent.
The jury allocated 15-percent liability to Hennessy for Cook’s illness. While the overall jury award was $18 million, the liability apportionment reduced the award to $2.7 million.
