McMahon DeGulis Wins Asbestos Case for Defendant
McMahon DeGulis is pleased to share some positive news from the asbestos litigation arena. The Ohio Eleventh Appellate District opinion in James G. Barone v. GATX Corporation, et al. Trumbull, Ohio App. 11, Case No. 2005-T0069 ruled in favor of our client, a gasket manufacturer. Steve Daniels and Suzanne Fisher of our office handled this case.
At the initial trial in the Trumbull County Court of Common Pleas, plaintiff was awarded $32,600, an unusually modest amount for decedent’s death from pleural mesothelioma. Because the damages were less than a third of the medical and funeral expenses, plaintiff filed a motion for a new trial on damages only. McMahon DeGulis vigorously opposed this motion and also filed a motion for JNOV, contending that plaintiff failed to introduce sufficient evidence at trial to establish liability against our client. The trial court granted plaintiff’s motion for new trial, and denied the motion for JNOV.
Because we strongly believed that plaintiff’s trial evidence was inadequate, Mr. Daniels and Ms. Fisher made the strategic decision to focus on the trial court’s denial of the JNOV motion rather than the new trial order.
This strategy proved successful as the Ohio 11th Appellate District, relying in part on another of Mr. Daniels' cases, (Lindstrom v. A-C Product Liability Trust, 424 F. 3d 488 (6th Cir. 2005)), agreed that plaintiff's trial evidence was insufficient and remanded the case with instructions to enter judgment notwithstanding the verdict for defendant. This result is especially noteworthy because JNOVs are rarely granted.
This Barone decision continues the firm's success in defending toxic tort cases.