LPK Wins $7.5 Million Verdict Against Exxon-Mobil on Behalf of Woman Whose Mesothelioma Was Caused By Laundering Her Husband's Work Clothes.

On May 28, 2008, a Middlesex County jury rendered a verdict of $7½ million for the pain and suffering and loss of consortium claims resulting from Bonnie Anderson’s asbestos-related peritoneal mesothelioma. Bonnie Anderson was exposed to asbestos as a result of “take home” asbestos fibers unknowingly brought home on the work clothes of her husband John Anderson during the decades that he worked at the Exxon Bayway Refinery in New Jersey. Bonnie was exposed to these cancer-causing fibers as a result of washing her husband’s contaminated work clothes. Bonnie also worked at the Exxon Bayway Refinery from 1975 to 1985.

Bonnie Anderson, a former librarian and avid horseback rider from Linden New Jersey was diagnosed with peritoneal mesothelioma in 2002 when she was 53 years old. So far, Bonnie has battled through two abdominal surgeries, chemotherapy and radiation in an effort to fight her mesothelioma. She also helps other mesothelioma victims through her advocacy with the Mesothelioma Applied Research Foundation, a national organization dedicated to helping those afflicted with mesothelioma and seeking to cure this fatal disease.

The trial, which was solely to determine the issue of damages, began on May 21, 2008. Previously, in November 2007, a separate Middlesex County jury rendered a verdict in favor of the Andersons in the amount of $500,000 following a six week trial. That jury determined that Bonnie Anderson suffers from an asbestos related peritoneal mesothelioma; that ExxonMobil Corporation breached its duty in failing to protect or warn the Andersons of the hazards of asbestos brought home on the clothes of John Anderson to which Bonnie Anderson was exposed; and that ExxonMobil Corporation’s breach of its duty proximately caused Bonnie Anderson’s mesothelioma. Because the 2007 jury only returned a verdict of $500,000 for pain and suffering, and awarded no recovery for the loss of consortium claim, Judge Ann McCormick ordered a new trial on the issue of damages.

The case was tried by Moshe Maimon, who acted as lead counsel, and assisted by John Guinan, both from Levy Phillips & Konigsberg, LLP.

The defendant at trial was ExxonMobil Corporation, represented by Christopher Keale of Sedgwick, Detert, Moran & Arnold LLP, and Tom Radcliffe of DeHay & Elliston LLP.

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