JURY RETURNS $5 MILLION VERDICT IN CANCER LAWSUIT

10/20/17

James Wylder and Andrew Kelly of the Bloomington law firm Wylder Corwin Kelly LLP were the lawyers representing Ruth Krumwiede, Jeff Krumwiede, and Mike Krumwiede, the widow and sons of Willard “Bill” Krumwiede, in a 2-week trial in which a McLean County jury returned a verdict at approximately 2:00 p.m. today. The jury found in favor of the Krumwiede family against Defendant, Tremco Incorporated and returned damages in the amount of $5,063,324.52.

Bill Krumwiede, who had resided in Clinton, IL, worked from 1956 into the 1990s as a union glazier, installing glass on commercial buildings throughout central Illinois and northeast Indiana. Evidence in the case revealed that Bill used Tremco’s 440 tape and Mono caulking on construction sites for window glazing in his occupation. Bill developed mesothelioma, a cancer caused solely by exposure to asbestos. The jury received evidence that mesothelioma is an incurable and always fatal cancer.

The case was filed in McLean County Circuit Court. The jury found the Tremco had knowledge of the hazards of asbestos and negligently failed to warn about the hazards on its products. The jury received evidence that Tremco failed to even identify asbestos as an ingredient on these products during the years Bill worked with those products.

The 2-week trial was held in McLean County in front of Judge Rebecca Foley. The jury deliberated for approximately 1 hour.

ESTATE OF LAURA POWELL AWARDED $290,000 BY JURY IN MEDICAL NEGLIGENCE VERDICT

3.10.17: Lisa Corwin and Chip Corwin of the Bloomington law firm Wylder Corwin Kelly were the lawyers representing the Estate of Laura Alice Powell, deceased, in a jury trial March 6-10, 2017. The jury found in favor of the Powell family and against Dr. Victor Eloy, a gastroenterologist. The jury returned damages of $290,000.

Laura Alice Powell bled to death at Decatur Memorial Hospital November 27, 2004. Five days before she died, Laura received a diagnosis of esophageal varices from Dr. Eloy. Esophageal varices are enlarged veins in the esophagus that are susceptible to bleeding. If these veins start to bleed, a procedure called esophageal banding can stop the bleeding. If the bleeding is not controlled, a person can quickly bleed to death.

Laura’s esophageal varices started to bleed the night of November 26, 2004. She went to the hospital and was seen by Dr. Eloy, who concluded her esophageal varices had bled. The jury found Dr. Eloy was negligent for failing to check if Laura’s varices were still bleeding and for failing to perform the banding procedure on Laura to ensure she would not bleed to death. The jury found Dr. Eloy’s negligence was a cause of Laura’s premature death.

The one-week jury trial was held in Macon County in front of Judge Thomas E. Little. The jury deliberated for approximately four hours.

JURY RETURNS $4.6 MILLION VERDICT IN FAVOR OF WORKER WITH MESOTHELIOMA EXPOSED TO ASBESTOS IN WELDING RODS

10/21/16: James Wylder and Andrew Kelly of the Bloomington law firm Wylder Corwin Kelly LLP were the lawyers representing Colfax resident, Charles McKinney, in a 2-week trial in which a McLean County jury returned a verdict at approximately 11:00 a.m. today. The jury found in favor of Charles McKinney against Hobart Brothers Company and returned damages in the amount of $4,600,000.00.

At age 19, upon his graduation from Octavia High School, Charles McKinney worked at Portable Elevator Company in Bloomington and was exposed to asbestos from Hobart Brothers Company 6010 stick welding electrodes. Charles McKinney developed mesothelioma, a cancer caused solely by exposure to asbestos. The jury received evidence that mesothelioma is an incurable and always fatal cancer.

The case was filed in McLean County Circuit Court. The jury found the Hobart Brothers Company had knowledge of the hazards of asbestos and negligently failed to warn Charles McKinney about the hazards of the asbestos in the flux of its welding stick electrodes.

The 2-week trial was held in McLean County in front of Judge Rebecca Foley. The jury deliberated for approximately 6 hours.

JURY AWARDS $3.1 MILLION TO ESTATE OF FORMER RAILROAD WORKER EXPOSED TO ASBESTOS WHO DIED OF LUNG CANCER

2.23.15: James Wylder and Lisa Corwin of the Bloomington law firm Wylder Corwin Kelly LLP were the lawyers representing the Estate of Paul McGowan, deceased, in a 3-week trial in which a McLean County jury returned a verdict at approximately 9:30 a.m. today. The jury found in favor of the McGowan family against the Illinois Central Railroad Company and returned damages in the amount of $3,107,250.00.

Paul McGowan began working for the GM&O Railroad (a predecessor to the Illinois Central Railroad Company) at its shops and rail yard on Bloomington’s west side in 1956 and was exposed to asbestos from various materials including asbestos rope, asbestos insulation, asbestos brakes, asbestos gaskets/packing and other asbestos materials. Paul worked for the railroad until 1993, when he retired. Paul later developed lung cancer, and died December 4, 2003.

The case was filed in McLean County Circuit Court under the Federal Employers Liability Act (FELA). The Act covers injuries sustained by railroad workers in the course of their employment. The jury found the railroad had knowledge of the hazards of asbestos and negligently failed to warn Paul McGowan about the hazards of asbestos, including failure to provide a reasonably safe work environment. The jury further found that the railroad’s negligence in failing to protect Paul McGowan from asbestos exposure was a cause of his lung cancer and death.

The 3-week trial was held in McLean County in front of Judge Rebecca Foley. The jury deliberated for approximately 5 hours.

JURY RETURNS VERDICT OF $218,350 IN FAVOR OF MAN BATTERED BY BOUNCERS

9/11/14 Steve Wood of the Bloomington law firm Wylder Corwin Kelly LLP was the lawyer representing plaintiff, Austin Schmeisser, in a trial in which a McLean County jury returned a verdict at approximately 12:30 this afternoon. The jury found in favor of Austin Schmeisser and against Defendant, Europe, Inc., which does business as Chasers Bar in Bloomington. The jury returned $18,350 in compensatory damages for the Plaintiff and further returned punitive damages in the amount of $200,000.00. The jury found Chasers guilty of negligence, willful and wanton misconduct, and battery against Austin Schmeisser.

Plaintiff was injured as a result of being taken into a stairwell and battered by Chasers’ bouncers while a patron of Chasers on January 27, 2012.

The three-day trial was held in McLean County Circuit Court in front of Judge Rebecca Foley. The jury deliberated for approximately five hours.

TWO FORMER RAILROAD WORKERS AWARDED OVER $1.7 MILLION IN FELA CLAIMS FOR ASBESTOS DISEASE

1.27.14: James Wylder and Lisa Corwin of the Bloomington law firm Wylder Corwin Kelly LLP were the lawyers representing two plaintiffs, Jim Smith and Mary Hernandez, Administrator of the Estate of John Nafziger, deceased, in a 3 week trial in which a McLean County jury returned a verdict at approximately 9:30 a.m. today.  The jury found in favor of Jim Smith against the Illinois Central Railroad Company and returned damages in the amount of $1,371,184.05.  The jury also found in favor of Mary Hernandez, Administrator of the Estate of John Nafziger, deceased, in the amount of $384,146.98, against defendant, Illinois Central Railroad Company.

Jim Smith began working for the GM&O Railroad (a predecessor to the Illinois Central Railroad Company) at its shops and rail yard on Bloomington’s west side in 1955 and was exposed to asbestos from various materials including asbestos rope, asbestos insulations, asbestos brakes, asbestos gaskets/packing and other asbestos materials until 1958 when he left his employment.  He developed asbestosis (scarring of the lungs) from his exposures to asbestos.

John Nafziger worked for the GM&O from 1949-50 and again from 1969-72.  He also worked at the rail yards on Bloomington’s west side and was exposed to asbestos while in the course of his employment.  He developed asbestosis and lung cancer, and died September 19, 2007 from the lung cancer.

The case was filed in McLean County Circuit Court under the Federal Employers Liability Act (FELA).  The Act covers injuries sustained by railroad workers in the course of their employment.  The jury found the railroad had knowledge of the hazards of asbestos and negligently failed to warn Jim Smith and John Nafziger about the hazards of asbestos, including failure to provide a reasonably safe work environment.  The jury further found that the railroad’s negligence in failing to protect Jim Smith and John Nafziger from asbestos exposure was a cause of their development of asbestosis, and in the case of John Nafziger, his lung cancer and death.

The 3-week trial was held in McLean County in front of Judge Rebecca Foley.  The jury deliberated for approximately 5 hours.