News 10.22.24

Segal McCambridge Delivers Maximum Impact with Minimal Damages in High-Stakes Mesothelioma Trial

Segal McCambridge’s trial team, led by Shareholders Alice Johnston and Heather Janis Gaw, secured a substantial win for our client, a major automotive defendant, in a complex mesothelioma case involving a 79-year-old career auto mechanic. Despite a finding of liability, the defense successfully reduced the plaintiff’s $57 million claim to just $600,000, and no punitive damages were awarded.

The three-month trial presented significant challenges, including a lack of alternative exposure defenses and adverse rulings from the court limiting key defense evidence. Additionally, our client's corporate witness was called to testify in the plaintiff's case, adding further complexity to the proceedings.

The defense strategy centered on two main arguments: (1) that the science shows asbestos-containing automotive products do not cause disease, and (2) that the plaintiff’s condition was caused by a spontaneous genetic mutation, unrelated to his occupational exposure. Despite these challenges, our expert witnesses were pivotal in effectively presenting the defense's case.

The plaintiff’s legal team sought $57 million in damages and aimed to secure punitive damages by arguing reckless disregard. However, after a day and a half of deliberations, the jury awarded a total of $600,000 for pain and suffering (past and future) and found no basis for punitive damages. While the jury acknowledged plaintiff’s exposure to asbestos in other products, no liability was assigned to those products.  However, under New York’s post-verdict set off rules, the plaintiff’s prior settlements with other entities results in a net zero award.

Throughout much of the case, our Segal McCambridge teams were also involved in simultaneous asbestos personal injury jury trials for this client and others in both New York and California, further highlighting the strength and coordination of Segal McCambridge’s defense team. The outcome reflects the team's resilience and dedication in navigating a highly complex trial.

The trial team, supported by paralegal Katrina Nagorny, also benefited from the contributions of Shareholders Craig Hodgson, Jodi Buratti, Michael Sena, Anthony Sbarra, Associate Chandler Cleveland, and the New York trial and support team. Their combined efforts were critical to achieving this successful result.

We are currently reviewing juror interviews and will share any key insights as they become available.