Products Liability Law Reporter

Keith Mills allegedly worked with asbestos-containing products when he was an automobile mechanic, which required him to remove and replace brakes, clutches, and gaskets. Additionally, when he owned and operated an automotive repair shop, he cleaned up the garage where the repair work was performed. Patricia Mills, during her marriage to Keith, lived in the family home with him and rode in the car Keith used to commute to and from work. She also was present inside the garage when Keith performed automotive repair and maintenance work. Patricia subsequently developed malignant mesothelioma.

She sued Volkswagen Group of America, Inc., alleging its failure to warn and negligence was the legal cause of her disease. Her past medical expenses totaled more than $94,600.

The jury awarded approximately $7.09 million, apportioning liability at 50% to the defendant and 50% to Warren Henry Volkswagen Subaru.

Citation: Mills v. Volkswagen Grp. of Am., Inc., No. 2021-CA-006438 (Fla. Cir. Ct. Miami-Dade Cnty. June 8, 2023).

Plaintiff counsel: AAJ member Dawn Besserman, Tampa, Fla.

Comment: In Pine v. John Crane Inc., 2023 WL 7137282 (E.D. Pa. Oct. 24, 2023), Joseph Pine was a fireman on the USS Constellation between 1965 and 1967. He worked on auxiliary equipment, including pumps, generators, valves, and steam-driven machinery, and was exposed to the asbestos-containing gaskets, which he cut and scraped. Pine was diagnosed as having malignant mesothelioma and died of his disease approximately one month later. His wife sued multiple defendants, including John Crane Inc., which moved for summary judgment on the nonpecuniary and punitive damages claims, arguing they were not recoverable under maritime law and the Death on the High Seas Act, and that Pennsylvania law did not apply. The court found that there was no clear historical pattern of awarding survival damages in general maritime negligence or wrongful death actions and that parallel federal statutory schemes did not require the award of such damages. The court thus granted the defendant summary judgment on the plaintiff’s claim for nonpecuniary and punitive damages. It also declined to assess damages available under Pennsylvania law, finding that because Pine was a seaman, general maritime remedies cannot be supplemented by applicable state law remedies. The court denied the defense motion to strike the plaintiff’s jury trial demand, however, finding that there was an independent ground for jurisdiction. AAJ members Edward M. Nass, Casey R. Coburn, Michael A. Cancelliere Jr., and Michael A. Rowe, all of Philadelphia, represented the plaintiff.