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

Sessions

MAY
11

Recording Disclaimer: This proceeding was recorded in full.

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