BALTIMORE JURY AWARDS MORE THAN 2 MILLION DOLLARS


November 2, 2001
On Friday November 2, 2001, a jury in the case of Alexander Wilson v. ACandS, in the Circuit Court for Baltimore City case # 24X99-002160, before the Honorable Richard T. Rombro, returned a verdict in favor of the Plaintiffs in the amount of $2,529,910.00. Plaintiffs in the case were the Estate of Alexander Wilson, Geneva Wilson, widow of Alexander Wilson and Tina Wilson, daughter of Alexander Wilson. Mr. Wilson was diagnosed with mesothelioma in 1999 at the age of 79 and died in 2000 at the age of 80. He is survived by his wife Geneva and daughter Tina.

Mr. Wilson was exposed to asbestos while working as a laborer for Bechtel Corporation during construction of the Potomac Electric Power Company (PEPCO) generating plant in Chalkpoint, Maryland during 1962 - 1965. Settlements were reached with a number of defendants prior to trial. Only the defendant ACandS went to verdict.

Counsel for ACandS were Michael Turner Esq., of the Philadelphia Firm of Kelly Jasons McGuire and Spanelli along with James Koutras, Esq. of the Baltimore Office of the Law Firm of McCarter & English. Counsel for the Plaintiffs were Shepard A. Hoffman, Esq. of the Law Office of Shepard A. Hoffman along with Brian Parker, Esq. and Matthew Kiely, Esq. of the Law Firm of Parker, Dumler & Keily.

Experts testifying for the Plaintiff during trial were cellular biologists Arnold Brody, PH.D of New Orleans; pathologist; Samuel Hammar, M.D. of Seattle; Barry Castleman, Sc.D. of Baltimore on State of the Art; and Laura Welch, M.D. of Washington, D.C. on Occupational Medicine.

Experts testifying for AcandS were Michael Warhol, M.D. pathologist from Philadelphia; William Dyson, Ph.D, Industrial Hygeniest from North Carolina; and Thomas Howard, M.D. of Melbourne, Florida on State of the Art.

In the Wilson case, the Defendant ACandS disputed the diagnosis of mesothelioma, disputed that there was enough asbestos exposure to cause mesothelioma, disputed that there was any credible exposure to ACand S products, argued State of the Art and also asserted that Mr. Wilson's mesothelioma arose after July 1, 1986.

On the last issue of when the mesothelioma arose, the jury found that Mr.Wilson's mesothelioma developed before July 1, 1986. This issue is of unique importance in Maryland because there is a cap on non-economic damages in Maryland of $500,000.00 in personal injury/ cases for all causes of action that arise on or after July 1, 1986.

Post trial motions are expected from both sides and the court will have account for settlements received from other defendants before judgement is entered.

For further information please contact Michelle Galindo, Esq. at 410-539-8404.

 

 



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