Verdicts

$17 Million for mesothelioma victim awarded by McLean Jury

02.08.2010: James Wylder and Lisa Corwin of the Bloomington law firm Wylder Corwin Kelly, LLP were the lawyers representing Jayne Menssen in a 4 week trial in which a McLean County jury returned a verdict at approximately 5:00 p.m. today in the total amount of $17,870,000 against defendants Pneumo Abex, LLC, and Honeywell International, Inc.

The jury assessed compensatory damages in the amount of $3,500,000 against both defendants Pnuemo Abex, LLC and Honeywell International, Inc.  The jury further assessed punitive damages against defendant Pneumo Abex, LLC in the amount of $4,370,000, and against defendant Honeywell International, Inc. in the amount of $10,000,000.

Jayne Menssen contracted mesothelioma after being exposed to asbestos when she worked as a secretary at Union Asbestos & Rubber Company, later called UNARCO Industries, Inc., in Bloomington from 1967-1969. Menssen was never warned of the dangers of asbestos.

The jury found Defendants, Pneumo Abex, LLC, and Honeywell International, Inc. (through their corporate predecessors Abex and Bendix) conspired with other companies, including UNARCO, Johns-Manville, Raybestos-Manhattan, Owens Corning and Metropolitan Life Insurance Company, to suppress information about the hazards of asbestos, including an agreement not to warn their employees and customers about the hazards of asbestos.

The four week trial was held in McLean County in front of Judge Michael Prall.  The jury deliberated for 1 day.

   

Another former Unarco worker's family awarded $2.5 million by McLean County jury

04.30.2009: James Wylder and Lisa Corwin represented Juanita and Baxter Rodarmel in a three week trial in which a McLean County jury returned a verdict in the amount of $2,500,000 against Pneumo Abex, LLC, and Honeywell International, Inc. The verdict represented both compensatory damages in the amount of $2,000,000 and punitive damages in the amount of $100,000 as to Pneumo Abex, LLC, and Honeywell International, Inc. in the amount of $400,000.

Juanita Rodarmel contracted mesothelioma after being exposed to asbestos when she laundered the clothing of her first husband, Leslie Corry, who worked at Union Asbestos & Rubber Company, later called UNARCO Industries, Inc., in Bloomington from 1953-1956. The jury found Defendants, Pneumo Abex, LLC, and Honeywell International, Inc. (through their corporate predecessors Abex and Bendix) conspired with other companies, including UNARCO, Johns-Manville, Raybestos-Manhattan, Owens-Illinois, Owens Corning and Metropolitan Life Insurance Company, to fail to provide information about the hazards of asbestos, including information to employees and customers.

   

Former Unarco worker's family awarded $2.6 million by McLean County jury

03.04.2009: James Wylder and Lisa Corwin of the Bloomington law firm Wylder Corwin Kelly LLP were the lawyers representing Roger Holmes and John Holmes, the sons of Jean Holmes, who died at the age of 93 on April 2, 2006, from the asbestos disease mesothelioma. After a three week trial, a McLean County jury returned a verdict today for the family in the amount of $2,632,611.66.

Jean Holmes was exposed to asbestos when she laundered the clothing of her husband, Don Holmes, who worked at Union Asbestos & Rubber Company, later called UNARCO Industries, Inc., in Bloomington during 1962 and 1963. Holmes was never warned of the dangers of asbestos.

The jury found Defendants, Pneumo Abex, LLC, and Honeywell International, Inc. (through their corporate predecessors Abex and Bendix) conspired with other companies, including UNARCO, Johns-Manville, Raybestos-Manhattan, Owens-Illinois, Owens Corning and Metropolitan Life Insurance Company, to suppress information about the hazards of asbestos, including an agreement not to warn their employees and customers about the hazards of asbestos.

The three week trial was held in McLean County in front of Judge Scott Drazewski. The jury deliberated for about 2 ½ hours.

   

Family of former Unarco worker awarded $2.6 million by McLean County jury

12.19.2007: James Wylder and Lisa Corwin were the lawyers representing Ruth Watkins and Scott Watkins, the widow and son of John Watkins, who died on September 23, 2005, from the asbestos disease mesothelioma. John Watkins was exposed to asbestos when he worked at the Union Asbestos & Rubber Company, later called UNARCO Industries, Inc., in Bloomington during the summer of 1962 and 1963. Watkins was never warned of the dangers of asbestos. After a two week trial, a McLean County jury returned a verdict for the family in the amount of $2,600,000. The jury found Defendant, Honeywell International, Inc. had conspired with other companies, including UNARCO, Johns-Manville, Raybestos-Manhattan, Owens-Illinois, Owens Corning and Metropolitan Life Insurance Company, to suppress information about the hazards of asbestos, including an agreement not to warn their employees and customers about the hazards of asbestos.

   

$1 million verdict for family of insulator in conspiracy case

08.28.2007: James Wylder and Lisa Corwin were the trial lawyers who obtained a $1,000,000 verdict against Honeywell International, Inc. on behalf of the family of Edward Hill, who died from lung cancer on August 24, 2003. Ed Hill was exposed to asbestos while working as an insulator from 1947-1981. The Plaintiffs presented evidence which showed that companies, including Bendix (now known as Honeywell), UNARCO, Johns-Manville, Raybestos-Manhattan, Owens-Illinois, Owens-Corning, Abex and Metropolitan Life Insurance Company knew of the dangers of exposure to asbestos as early as the 1930s, and conspired to conceal information about those hazard so they could continue to profit from the manufacture and sale of asbestos-containing products. Evidence at trial also included the conviction of Bendix, Johns-Manville, Abex, and Raybestos-Manhattan in 1948 of a decades-long price-fixing conspiracy brought by the U.S. Department of Justice. The jury returned a verdict for Plaintiffs after deliberating for just over 2 hours, finding Honeywell participated in the conspiracy not to warn employees and customers about what the conspirators knew - that inhaled asbestos caused lung disease which was irreversible and incurable.

   

Widow of Asbestos Plant Worker Awarded $850,000

11.29.2006: James Wylder and Lisa Corwin were the trial lawyers who received a $850,000 verdict against Honeywell International, Inc. on behalf of the family of Robert Blessing, who died December 27, 2005 of mesothelioma. Mesothelioma is a form of cancer that grows on the lining of the lung or abdomen. It is caused only by exposure to asbestos. Robert Blessing was exposed to asbestos from November 1953 to April 1960 while he was employed at the UNARCO asbestos plant in Bloomington. Blessing was never warned of the dangers of asbestos. The evidence in the case showed that companies, including Bendix (now known as Honeywell), UNARCO, Johns-Manville, Raybestos-Manhattan, Owens-Illinois, Owens-Corning, Abex and Metropolitan Life Insurance Company had known of the dangers associated with asbestos in the 1930s, but had conspired to conceal information about the hazards of asbestos so the companies could continue to manufacture and sell asbestos-containing products. The jury found Honeywell was a part of the conspiracy not to warn employees and customers about what the conspirators knew - - that inhaled asbestos caused disease and death including asbestosis, lung cancer and mesothelioma.

   

Jury awards family of insulator $5.5 million in conspiracy case

10.27.2006: James Wylder and Andrew Kelly were the trial lawyers who received a $5.5 million verdict on behalf of the family of John Hoogerwerf, who died July 17, 2002 of asbestos-related lung cancer. John Hoogerwerf was exposed to asbestos as a union insulator while working at various jobsites in Central Illinois from 1966 to 1972 when asbestos was still an ingredient in the thermal insulation products he used. After OSHA was created in the early 1970s, asbestos was removed from such products. Hoogerwerf was never warned of the dangers of asbestos though the evidence received in the case showed that the companies manufacturing such products had known of the dangers associated with asbestos since at least the 1930s. The jury found Defendant, Honeywell International, Inc. (formerly known as AlliedSignal, Inc., the successor to Bendix Corporation), conspired with other companies including UNARCO, Johns-Mansville, Raybestos-Manhattan, Owens-Illinois, Owens-Corning and Metropolitan Life Insurance Company, to suppress information about the hazards of asbestos, including an agreement not to warn their employees and customers about what the conspirators knew (that inhaled asbestos caused serious disease and death including asbestosis and cancer).

   

Employee awarded $250,000 in wrongful discharge case

07.14.2006: Lisa Corwin was the trial lawyer who obtained a $253,952.53 verdict on behalf of Clinton resident Jesse Miller. The verdict found Miller's employers, Prairie Land Golf Cars, Ltd. and Little Egypt Golf Cars, Ltd., responsible for wrongful termination due to a work-related injury Miller suffered in early 2002. Miller was fired on the first day his employers believed he was medically cleared to return to work after completing months of physical therapy as a result of surgery related to his work injury. The verdict included $125,000 in punitive damages as to Prairie Land and $32,500 in punitives as to Little Egypt.

   

Jury Awards $1.08 Million for Family of Local Insulator

05.09.2006: Andrew Kelly was the trial lawyer who obtained a $1.08 million verdict on behalf of the family of a local insulator who died of asbestos-related lung cancer caused by his occupational exposure to asbestos-containing products manufactured by John Crane, Inc. Prior to the jury trial, John Crane, Inc. was defaulted for "incomplete and resistive" and "willful non-compliance" with the trial court's pre-trial discovery orders. The trial court found John Crane's "extensive history of non-compliance with discovery requests and orders of the Court" that the trial would proceed on the issue of damages only. After a two-day trial on damages, a McLean County jury returned a verdict of $1,080,00.00. This is not the first time John Crane has been sanctioned for its conduct in discovery issues in Central Illinois. In June 2004, John Crane was sanctioned by a court in Peoria County for its intentional suppression of evidence. The jury in that case returned a verdict of $2 million against John Crane.

   

Jury awards family of mesothelioma victim $5.075 million

10.03.2005: James Wylder was one of the trial lawyers for the family of Merlon Dukes who received a $5.075 million verdict on behalf of the family. Merlon Dukes died May 20, 2005 from mesothelioma - a rare cancer caused by asbestos. He was exposed to asbestos when he worked at the Union Asbestos & Rubber Company, later called UNARCO Industries, Inc., in Bloomington, Illinois from 1954 to 1961. Dukes was never warned of the dangers of asbestos. The jury found Defendant, Honeywell International, Inc. (formerly known as AlliedSignal, Inc., the successor to Bendix Corporation), had conspired with other companies including UNARCO, Johns-Mansville, Raybestos-Manhattan, Owens-Illinois, Owens-Corning and Metropolitan Life Insurance Company, to suppress information about the hazards of asbestos, including an agreement not to warn their employees and those of their customers what the conspirators knew (i.e., that inhaled asbestos caused serious disease and death including asbestosis and cancer). Merlon Dukes was survived by his wife, Doris, and two daughters, Linda and Cinda. The three week trial was in McLean County, Illinois before Judge Charles Reynard.

   

Jury awards $2 million verdict for Patient injured by Decatur doctor

09.02.2004: James Wylder and Lisa Corwin were the trial lawyers who obtained a $2 million verdict on behalf of Decatur resident, Ray Shaw, in an 8 day trial in Macon County before Judge Thomas Little. The verdict found Dr. Franz Charles professionally negligent in his performance of a right colon resection and exploratory laparotomy, surgeries he performed on Shaw. The surgeries left Shaw permanently disabled. The Defendant did not appeal the verdict.

   

$2 million verdict for family in wrongful death asbestos case

06.18.2004: Lisa Corwin and Andrew Kelly were the trial lawyers who obtained a $2 million verdict on behalf of the family of a local pipefitter, Melvin Garzee, who died from lung cancer and asbestosis caused by his occupational exposure to asbestos from John Crane, Inc's asbestos-containing gaskets. The trial lasted two weeks. The verdict was affirmed by the Third District Appellate Court of Illinois in December 2005.