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ARTICLE ID 193925

$________ – Toxic tort – Asbestos – Mesothelioma trial against Honeywell/Bendix – Mesothelioma

Fresno County Superior Court

This action resolved a wrongful death claim against a once-manufacturer of asbestos-containing automobile parts. The matter was resolved via jury verdict.

From the 1960s on throughout his life, the decedent, James P., a 59-year-old plumber and race car enthusiast, worked on cars, race cars, trucks, and heavy equipment. In March ________, the decedent was diagnosed with malignant pleural mesothelioma, and perished after nearly a year of treatment from that cancer. The estate of the decedent asserted that due to his working on automobiles, the decedent was exposed to asbestos dust from automobile parts, including asbestos-containing brake pads and linings manufactured by defendant Honeywell/Bendix.

The plaintiff filed suit in May ________ against the defendant manufacturers of several asbestos-containing automobile-related products in Alameda County, California. The suit was transferred to Fresno County, thereafter. The defendant manufacturers, including Bendix (and its successor Honeywell), were accused of knowingly marketing products that brought about the fatal cancer of James P.. The estate of the deceased sought wrongful damages and punitive damages for reckless indifference on the part of the defendants.

At the time of trial, the only remaining defendant in the suit was Honeywell/Bendix. Defendant, Honeywell, whose predecessor, Bendix, made asbestos-containing brake pads and linings. At its conclusion, Calaveras Asbestos, LTD was also a party at trial, but was non-suited, and not part of the trial.

At the end of the trial, the Fresno jury returned a finding for the plaintiff, assigning 30 percent fault to the defendant Honeywell/Bendix. The jury awarded the estate of Jimmy P. $________ in economic damages, and $________ in non-economic damages. The jury also found that the decedent acted with reckless indifference and awarded an additional $3.5 million in punitive damages, for a total of $________.

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