Wednesday, May 13, 2009

Asbestos HUB

Asbestos HUB

Asbestos Widow Wins and Loses Lawsuits

Posted: 13 May 2009 05:48 PM PDT

A Florida jury awarded Betty McBride of Lynn Haven $995,600 in damages and medical bills from her husband’s mesothelioma death in May 2009.  So what’s the problem?  The party they found most responsible was not a defendant in the lawsuit and the judgment is not binding.

Woodrow McBride filed a wrongful death lawsuit on Aug. 10, 2006, against Foster Wheeler, General Electric and other companies that had products in two plants that McBride worked in from 1968 to 1996. McBride was diagnosed with mesothelioma in September 2005, and died on Sept. 20, 2006, at the age of 67.

The jury decided there was no negligence on any of the companies’ parts, but Gulf Power and Foster Wheeler did have a product that was the cause of McBride’s mesothelioma.  So they awarded Betty McBride $245,600 for her late husband’s medical bills.  Then they awarded her $225,000 for past pain and suffering and $525,000 for future pain and suffering.

The problem is with allocation of blame.  The jury found Gulf Power to be 60 percent liable and Foster Wheeler 25 percent liable. Each of the other companies was found to be 1 percent liable.

Gulf Power was never included in the lawsuit and the verdict was an example of an aspect of law called a “Fabre” decision. He said named plaintiffs are allowed by Florida law to name a “Fabre” defendant, who is not included in the lawsuit, as a way to shift blame away from themselves. “Fabre” defendants, however, are not responsible for damages awarded to a plaintiff, he said.

Gulf Power’s portion of the judgment would be $597,360, according to the verdict. Except they were never sued. So Betty McBride wins and loses.

Watch Tom Lamb report on the Asbestos News Minute.
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