Date: 08-20-2011

Case Style: Ronald Dummitt and Doris Kay Dummitt v. A.W. Chesterton, et al.

Case Number: 190196/10

Judge: Joan Madden

Court: Supreme Court, New York County, New York

Plaintiff's Attorney: Timothy Eves, Eves Law Firm, Huntington, W.Va.; Jordan Fox, James Long, Bryan Belasky and Seth Dymond, William Papain, Belluck & Fox, New York

Defendant's Attorney: Jeffrey S. King and Tara Pehush, K&L Gates, New York for Crane

Katharine S. Perry, Adler, Pollock & Sheehan, Boston for Elliott

Description: Ronald Dummitt sued Crane Company and other on a products liability theory claiming that he developed mesothelioma as a result being exposed to asbestos containing products manufactured and sold by defendants while he was in the Navy and working as a boiler tender between 1960 and 1977. Dummitt worked on seven different vessels during the period and identified products manufactured by Crane, Elliott Turbomachinery Co., Inc. and others.

esothelioma is a rare form of cancer found in the lining of the chest and lungs, which is only known to occur as a result of exposure to asbestos. The disease has a very long latency period and is often not discovered until decades after exposure, leading to a limited life expectancy after a mesothelioma diagnosis. Pleural mesothelioma is a form of mesothelioma that is concentrated in the chest lining, known as the pleural cavity.

The defenses asserted by Defendants are not available.

Outcome: Plaintiff's verdict for $32 million in damages for pain and suffering. The jury assigned nearly all (99%) of the responsibility to Crane Co., and only 1% of guilt to Elliott Turbomachinery.

Plaintiff's Experts: Dr. Jacqueline Moline, occupational medicine; Dr. Barry Castleman, public health; Richard Hatfield, materials anaylsis; Dr. Gerritt Kimmey, treating oncologist

Defendant's Experts:

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