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Defective design of packing material, failure to warn of asbestos danger
October/November 2021Robert Mitchell worked in the stock room at the Pfaudler Co. plant in Elyria, Ohio. For more than 40 years, he assisted in shipping specialized glass-coated steel bowls used in chemical and pharmaceutical manufacturing. His job responsibilities required him to cut John Crane rope packing with a band saw, which released asbestos particles into the air. Mitchell wore no protection while he worked, and Pfaudler was never warned of the dangers involved in handling the Crane packing material.
Mitchell, 83, died one month after being diagnosed as having mesothelioma. He incurred $91,000 in medical expenses and is survived by his brother.
A lawsuit filed on Mitchell’s behalf alleged John Crane, Inc., was liable for strict liability design defect and failure to warn. The plaintiff also asserted a claim for punitive damages.
The jury awarded $12.1 million, including $6 million in punitive damages. The jury apportioned liability at 83% to John Crane, 15% to Pfaudler, and 1% each to two other entities that made asbestos-containing materials to which Mitchell had been exposed.
Citation: Mitchell v. John Crane, Inc., No. 18CV196597 (Ohio Ct. Com. Pl. Lorain Cty. June 4, 2021).
Plaintiff counsel: AAJ members Holly Peterson and Frank Wathen, both of Dallas; AAJ member Sean Kerley, New York City; and AAJ member Joshua Grunda, Boston Heights, Ohio.
Plaintiff experts: Edwin Holstein, occupational medicine, Newton Centre, Mass; Steven Compton, materials science, Duluth, Ga.; and John Maddox, pathology, Bedford, Va.
Defense experts: Amy Madl, toxicology, Aliso Viejo, Calif.; John Henshaw, industrial hygiene, Sanibel, Fla.; and Kyle Dotson, industrial hygiene, Carmel, Calif.