McMahon DeGulis Successfully Defends Two Recent Mesothelioma Cases

Ohio, and Cuyahoga County in particular, has over 40,000 pending asbestos cases. A significant portion of McMahon DeGulis trial practice is the defense of manufacturers and sellers of asbestos-containing products.

Recently, Steve Daniels has successfully tried three mesothelioma cases for a gasket manufacturer. The first case, Lukac v. GATX, et al. was tried in Trumbull County and resulted in a defense verdict.

The next case, Lindstrom v. A.C. Product Liability Trust, et al., was tried before Judge Dan Polster of the Northern District of Ohio and resulted in a defense verdict for the gasket manufacturer. In addition to this verdict, Judge Polster issued a written opinion which clarified the "substantial factor" standard for asbestos liability under Maritime law. Since then, the opinion in Lindstrom has been cited by several Ohio courts and reflects Judge Polster's understanding of the defense argument in asbestos exposure cases. The Lindstrom opinion has significantly impacted asbestos cases in the short period since it has been issued. The Lindstrom decision was recently affirmed by the Sixth Circuit Court of Appeals.

In late 2004, Steve tried a mesothelioma case related to a former worker of a railroad tank car manufacturing facility in Warren, OH. After a full week of trial, the Trumbull County jury awarded only nominal damages to the plaintiff, an amount that was well below the anticipated verdict amount.

The decisions in both of these mesothelioma cases were heavily influenced by the sophisticated plaintiff and defendant expert witness testimony. McMahon DeGulis works closely with several asbestos defense groups to secure the most accurate and effective experts in all cases and specifically for trial. While McMahon DeGulis's experience in asbestos claims is extensive, these trial results demonstrate Steve's expertise in litigating asbestos exposure cases.

For further information, please contact Steve Daniels at 216-621-1312, extension 105.

Download Polster Decision: Northern District of Ohio (pdf)
Download Lindstrom v. A.C. Product Liability Trust et al. (pdf)

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