Judges: Asbestos plaintiff not harmed by ruling barring testimony from doctor over exposure theories
A federal appeals court in Chicago has refused to upend a jury’s verdict against a retired pipefitter, who had claimed Owens-Illinois and ExxonMobil should be held liable for his lung cancer because possible exposure to asbestos on work sites decades ago, and not a 30-year, pack-and-a-half-a-day cigarette smoking habit, had caused the illness.
A federal appeals panel in Chicago has upheld lower courts’ dismissal of several asbestos exposure lawsuits brought against door maker Weyerhaeuser Company and Owens-Illinois Inc., saying their dispute with Weyerhauser should be handled under Wisconsin’s workers compensation law, and their claims against Owens-Illinois don’t belong in court at all.
Judge refuses new trial vs Owens, Exxon for pipefitter with lung cancer a jury found was caused by cigarettes, not asbestos
A Chicago federal judge refused to grant a new trial Aug. 25 for a retired pipefitter from Braidwood, who failed to convince a jury earlier this year exposure to asbestos on corporate job sites, rather than a cigarette smoking habit, had caused his lung cancer. Charles Krik filed suit in November 2010 in Chicago federal court against Owens-Illinois, ExxonMobil and others, claiming his lung cancer was caused, in part, because the companies negligently exposed him to asbestos while he worked as a
Jury finds cigarettes, not asbestos, cause of pipefitter's lung cancer in asbestos case vs. ExxonMobil, Owens
ShahAfter a federal judge denied the plaintiff the ability to use the “any exposure” theory to press his asbestos-related claim, a federal jury has ruled a pipefitter’s lung cancer may have been caused by his pack-and-a-half a day cigarette smoking habit, rather than asbestos exposure, handing a rare win at trial to a group of industrial defendants.On May 1, the jury ruled in federal court in Chicago