Pender v. Pneumo Abex

VERDICT

Trial
05/04/10 – 05/14/10

Summary

A Wisconsin jury awarded $1.48 million in damages to the estate of John Pender, a painter for Harnischfeger (part of P&H Mining Equipment), who died of mesothelioma in 2006 due to asbestos exposure.

Robert McCoy, attorney for the Pender estate, argued Pender developed the terminal form of cancer from working in areas, where toxic dust from ground break linings accumulated. Jurors in Milwaukee agreed, finding brake manufacturer Pneumo Abex and Harnischfeger 75% and 25% liable, respectively, for negligence, and Pneumo Abex 100% liable on the plaintiff's products liability claim.

Outcome

Fault for Negligence: Pneumo Abex-75% Harnischfeger-25%
Fault for Products: Pneumo Abex-85% Harnischfeger-15%
Non-Economic: 1,300,000
Medical Expenses: Answered by the court
Wife's Loss:150,000

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Verdict
$1,450,000
Judge
Dennis Moroney
Jurisdiction
1st Judicial District of Wisconsin
Court
Milwaukee County Courthouse
Case Number
2008CV002109
Industry
Construction, Automotive
Practice Area
Asbestos, Tort Law, Toxic Torts, Products Liability
Plaintiff
Pender, John
Defense
Pneumo Abex
Expert Witnesses
Lay Witnesses

Sessions

AM Session
Openings
2 Chapters
MAY
4
MAY
5
MAY
6
MAY
7
MAY
10
MAY
11
MAY
12
MAY
13
MAY
14

Recording Disclaimer: This proceeding was recorded in full.

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