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$22 Million Verdict Against GoodyearJun. 21, 2011
On June 21, Weitz & Luxenberg, P.C., the nation’s premier asbestos law firm, was victorious in an asbestos-related lung cancer trial against defendants, The Goodyear Tire and Rubber Company and Goodyear Canada.
After a five- week jury trial in New York State Supreme Court, the jury returned a verdict on behalf of both Weitz & Luxenberg clients, Eugene “Mac” McCarthy and Walter Koczur.
Mr. Koczur was exposed to Goodyear asbestos containing gaskets while working as a steamfitter between 1969 and 1973 at a number of upstate Buffalo area job sites, including Republic Steel and Ashland Oil.
Mr. McCarthy was exposed to Goodyear asbestos containing gaskets while working as a heavy equipment engine mechanic in the late 1960s and early 1970s.
Asbestos containing sheet gasket material, manufactured by The Goodyear Tire and Rubber Company and Goodyear Canada during the 1960s and 1970s, was at issue in the consolidated trial.
Both Weitz & Luxenberg clients were former smokers.
The jury found The Goodyear Tire and Rubber Company 27% responsible and Goodyear Canada 18% responsible for causing Mr. Koczur’s lung cancer. They awarded the Koczur family 11.6 million dollars in pain and suffering damages and also awarded Mrs. Koczur 1.9 million dollars in loss of consortium stemming from her husband’s death in 1998. The Koczur case was filed by Weitz & Luxenberg in 1998.
The jury found The Goodyear Tire and Rubber Company 7% responsible and Goodyear Canada 5% responsible for causing Mr. McCarthy’s lung cancer. They awarded the McCarthy family 8.5 million dollars in pain and suffering damages. The McCarthy case was filed by Weitz & Luxenberg shortly after Mr. McCarthy’s death in 1998.
The Weitz & Luxenberg trial team included Danny R. Kraft Jr. and Michael Fanelli, who stated, “Our clients suffered greatly before they died. We are pleased that the jury was receptive to the evidence that established Goodyear’s role in the development of our clients’ lung cancers. This case shows that while Justice may sometimes be delayed, it never will be denied.”
Extensive legal research and trial support was conducted by Daniel Horner, Thomas Comerford, and Alani Golanski, also of Weitz & Luxenberg.
The Goodyear Tire and Rubber Company and Goodyear Canada were represented by James R. Lynch and Jennifer Childs from Lynch, Daskal Emery LLP and Richard D. Schuster from Vorys, Sater Seymour and Pease LLP.
The trial judge was the Honorable Martin Shulman.
Weitz & Luxenberg is a leading plaintiffs’ law firm that has represented people affected by asbestos for over two decades. Men and women diagnosed with mesothelioma or lung cancer caused by asbestos exposure may be entitled to compensation from the companies responsible for their disease.