Products Liability Law Reporter

On three occasions, Harry Chirdon, a union boilermaker, was employed by Foster Wheeler Corp. to conduct repairs on boilers. His work included removing metal casings from a boiler and replacing water tubes, placing him in contact with a number of asbestos-containing products, including calcium silicate blocks, insulation, and gaskets. While at a worksite, Chirdon typically spent 10 to 12 hours surrounded by other tradesmen working in close proximity to one another. Often, he was surrounded by dust and debris.

Chirdon was diagnosed as having mesothelioma and underwent surgery. Now 76, his condition is incurable.

Chirdon and his wife sued Foster Wheeler, among others, alleging negligence. The plaintiffs asserted that despite OSHA regulations governing the steps necessary to protect workers who might come into contact with asbestos dust, the defendant chose not to perform any monitoring or warn Chirdon during the course of his employment.

The jury awarded $3.8 million, including $1.5 million in punitive damages.

Citation: Chirdon v. 3M Co., No. GD No. 22-016244 (Pa. Ct. Com. Pl. Allegheny Cnty. Sept. 26, 2024).

Plaintiff counsel: AAJ member David Halpern, Ardmore, Pa.; AAJ member Chris Madeksho, Woodland Hills, Calif.; Ken Behrend, Pittsburgh; and Billy Galerston, Dallas.

Comment: In Sentilles v. Huntington Ingalls Inc., 2024 WL 4416953 (E.D. La. Oct. 4, 2024), Robert Sentilles was diagnosed with mesothelioma. He sued multiple defendants, including Huntington Ingalls Inc. (Avondale), alleging claims for negligence and strict liability and asserting that his illness resulted from asbestos exposure occurring from the 1950s to the 1980s while he worked at the Avondale shipyard and was exposed to the work clothes of his brother, who also worked for Avondale. The plaintiff filed a motion in limine to exclude defense expert Christopher Herfel, who opined that the government required asbestos-containing materials to be used on its vessels, and that as a private-sector shipyard, Avondale could not have had a greater knowledge of asbestos hazards than the federal government. The district court denied the motion. It found that Herfel’s education, experience as a marine engineer, and research qualified him to render the opinions he expressed and that the opinions were relevant and reliable.