LPK WINS FIRST EVER MESOTHELIOMA JURY VERDICT IN SYRACUSE, NEW YORK ON BEHALF OF FORMER NAVY BOILERMAN - 5 MILLION JURY AWARD

JURY VERDICT SUMMARIES
Plaintiff: Douglas Pokorney
Defendants: Foster Wheeler Energy Corporation
Court: Supreme Court, Onondaga County
Judge: Hon. James W. McCarthey
Date of Verdict: July 10, 2008

Verdict:
Douglas Pokorney served as a Navy boilerman aboard the USS Roan from 1962 through 1965.

The jury awarded a total of $5 million dollars to Mr. Pokorney - 2.5 million for past pain and suffering and 2.5 million in future pain and suffering in which the jury found would continue for a period of 1 year.

This is the first mesothelioma case ever tried in Syracuse, New York.

The jury apportioned 31% of the fault to Foster Wheeler - the company that manufactured and supplied the boilers that Mr. Pokorney maintained and repaired.

The complete fault allocation was as follows with the relevant products in parentheses: 31% Foster Wheeler (boilers); 13% IMO/Delaval (pumps); 10% Crane Co. (valves); 10% Leslie Controls (valves); 15% Garlock (gaskets); 7% Yarway (steam traps); 7% Westinghouse (draft blowers); 7% Warren Pumps (pumps).

Mr. Pokorney is 66 years old and has worked as a professional farrier (horse shoer) from the time he completed his Navy service up through the present. Mr. Pokorney has been living with mesothelioma for almost four years.

Lead Plaintiff Attorneys:
Jerome H. Block, Esq. (Levy Phillips & Konigsberg LLP, New York, NY)
Lead Defendant Attorneys:
John M. Fitpatrick, Esq.
Erik D. Nadolink, Esq. (Wheeler Trigg Kennedy LLP, Denver, CO)

Plaintiffs' Claims:
Plaintiff claimed that his mesothelioma was caused by exposure to asbestos which occurred while serving aboard the USS Roan from 1962 through 1965. Plaintiff claimed that he was exposed to asbestos insulation used on boilers, asbestos gaskets used on boilers and other asbestos-containing materials used on and inside the boilers. Plaintiff further claimed that Foster Wheeler was negligent in selling its product without warnings concerning asbestos, and that such negligence was a proximate cause (substantial factor) in causing Plaintiff's mesothelioma.

Defense to Claims:
Foster Wheeler did not contest the fact that Mr. Pokorney was diagnosed with mesothelioma which was caused by his exposure to asbestos aboard the USS Roan. However, Foster Wheeler contended that they it had no duty to warn regarding asbestos materials (e.g., insulation) applied to its boilers by third parties. Foster Wheeler further contended that it was not negligent in light of the “state of the art” that existed with respect to the dangers of asbestos up through 1965. Foster Wheeler also contended that its failure to warn was not a proximate cause of Plaintiff's mesothelioma, and argued that a warning by Foster Wheeler would not have changed anything that occurred with respect to asbestos on the USS Roan.

Significant Legal Rulings:
On June 23, 2008, the Court denied Foster Wheeler's Motion in Limine in which Foster Wheeler claimed that it had no duty, as a matter of law, to warn about the dangers of asbestos insulation used on its boilers. (The Plaintiff argued that Foster Wheeler knew or should have known about the use of asbestos insulation on its boilers and that this was a danger associated with the use of Foster Wheeler's boilers).

In a written decision, dated July 2, 2008, the Court denied Foster Wheeler's Motion in Limine requesting that the Navy be listed on the verdict sheet as an entity against whom the jury could apportion fault. The Court determined that the Navy could not be listed on the verdict sheet because of its Sovereign Immunity and because of the applicability of Article 16 of New York CPLR and the New York Worker's Compensation Law.

On July 8, 2008, the Court denied Foster Wheeler's request for a jury charge on the Government Contractor Defense.

Plaintiff's Experts:
Dr. David Ozonoff: state-of-the-art (Boston, MA)
Dr. Jerrold Abraham: occupational pathology (Syracuse, New York)
Arnold Moore: naval architecture and marine engineering (Atlanta, GA)
Dr. Jacqueline Moline: internal and occupational medicine (New York, NY)
Dr. Elizabeth Dexter: treating surgeon (Syracuse, New York)
Mary Hesdorffer: mesothelioma nurse practitioner (Baltimore, MD)

Defendants' Experts:
Dr. Lawrence Stillwell Betts: industrial hygienist, state of the art, and occupational medicine (Virginia)

ANY QUESTIONS? PLEASE CONTACT JEROME BLOCK VIA EMAIL OR BY CALLING 212-605-6270 OR TOLL FREE 1-800-MESO-LAW.