Baccus v. Bondex International, et. al.
Case Summary
James Baccus served as a Navy machinist mate performing heavy maintenance in the engine rooms aboard the USS Block Island and USS Wasp from 1951-1955. From 1957-1977, he was employed by American Synthetic Rubber Company in Kentucky, where he worked as a machinist, technician, and manintenance general foreman. He was diagnosed with mesothelioma in January 2007 and died in July 2007. The jury rejected the defense arguments that the type of asbestos (chrysotile) contained in their products did not cause cancer.
Verdict
March 14, 2008
$25.2M award: $7.0M compensatory; $18.2M punitive
Compensatory: $2.5M for wrongful death; $3.5M for loss of consortium; $1.0M for economic loss
Punitive (gross negligence): Crane Co., $11.9M; Yarway, $6.3M
Remaining 3 defendants in the case assigned 100% liability: Crane Co., 35%; John Crane, Inc., 45%; Yarway, 20%
Significance
One of Philadelphia County’s largest-ever asbestos awards
Reverse bifurcated trial; judge granted defense motion that Kentucky law to be applied to the liability and punitive phases. Jury found 100% liability for remaining 3 defendants, and gross negligence against Crane and Yarway.
Case Information
Case No. 001063
Baccus v. Bondex International, et. al.
Trial length: Phase I – 1 week; Phase II/III – 5 weeks
Jurisdiction
Philadelphia County, Pa., Court of common Pleas
Hon. James Murray Lynn, presiding
Plaintiff’s Experts (*live testimony; ^deposition)
*^John Maddox, M.D., pathologist
*Capt. Frank burger (U.S. Navy, ret.), Navy expert
*Steven Paskal, corporate industrial hygienist
Defense Experts (live testimony)
James Crapo, M.D., pulmonologist
Cmdr. James Delaney (U.S. Navy, ret.), Navy expert
Adm. David P. Sargeant, Jr. (U.S. Navy, ret.), Navy expert
Michael J. Matteson, Ph.D, aerosol technology expert
Charles Blake, CIH, industrial hygienist
Samuel Forman, M.D., occupational medicine
Plaintiff’s Counsel
Waters Kraus Paul & Siegel, LLP (Dallas, Baltimore):
Troyce G. Wolf (lead)
Demetrios T. Zacharopoulos
Shein Law Center (Phila.):
Benjamin P. Shein
Bethann Schaffzin
Defense Counsel
(Crane) K&L Gates (Pittsburgh):
Terry Budd
(John Crane) O’Connell Miller Tivin & Burns (Elgin, Ill):
John Thomas Burns
(Yarway) Morgan, Lewis & Bockius (Phila., Los Angeles):
James BelBello
Daffodil Tyminski
Disclaimer: Results obtained depend on the facts of each case. Award amounts are not actual cash amounts received by plaintiffs. Deductions are made for liens, attorney fees and expenses.
