Law mesothelioma settlement

Worker allegedly exposed to asbestos in office building: Failure to warn: Mesothelioma: Loss of services: Settlement

Hoskins v. Business Men's Assurance Co. of Am., Mo., Jackson County Cir. Ct., No. 00-CV-206172, Feb. 23, 2001.

Hoskins, 55, had been an operating engineer at an office building for approximately 21 years when he was diagnosed with mesothelioma. The disease was allegedly caused by exposure to asbestos-based fireproofing material that was sprayed inside the building.

Hoskins and his wife sued the company that owned the building, alleging it maintained dangerous premises and hid this from Hoskins and other operating engineers.

Plaintiffs contended Hoskins's supervisors assured him that the asbestos-laden dust that accumulated on the tower's ceiling was harmless. Hoskins's wife claimed loss of services.

Defendant denied that Hoskins had mesothelioma or any asbestos-related disease. Defendant also claimed that air quality testing inside the building did not reveal a problem with asbestos until 10 years before Hoskins's diagnosis, at which time it immediately instituted procedures for safely handling the asbestos.

The parties settled before trial for $5 million. Plaintiffs' experts included Barry I. Castleman, environmental engineering, Baltimore, Md.; John 0. Ward, economics, Prairie Village, Kan.; and Mark C. Myron, oncology; Hammer Hannah III, thoracic surgery; and Everett M. Murphy III, pulmonology, all of Kansas City, Mo.

Defendant's experts were Lawrence Repsher, pulmonary pathology, Wheat Ridge, Colo.; Andrew Churg, surgical pathology, Vancouver, B.C., Can.; and Charles L. Blake, industrial hygiene, Kennesaw, Ga.

Plaintiffs' Counsel

*Louis C. Accurso, Kansas City, Mo.

*Steven D. Steinhilber, Kansas City, Mo.

Comment: Plaintiffs also sued the successor-in-interest to the fireproofing manufacturer, alleging that the fireproofing was unreasonably dangerous. The jury awarded $10 million, including $7 million punitive damages, and $1 million to Hoskins's wife for loss of consortium. See Hoskins v. Federal-Mogul Corp., 20 PLLR 135 (Aug. 2001). Messrs. Accurso and Steinhilber represented plaintiffs.