Holly Peterson of Simon Greenstone Panatier. Courtesy photo
A $12.1 million verdict in a wrongful death case over mesothelioma caused by asbestos exposure surprised even the winning lawyers.
The jury came back in under two hours after a three-week trial in Ohio's Lorain County Court of Common Pleas, according to Houston-based lead plaintiffs counsel Holly Peterson of Simon Greenstone Panatier. She tried the case with Frank Wathen and Sean Kerley of Simon Greenstone, and local counsel Joshua Grunda of Bevan & Associates.
"We were all convinced when we found out we had a verdict," she said. "I was like, 'Aw, man, we lost.'"
Instead, the jury found for the plaintiff—the estate of Robert Mitchell. The jurors awarded a total of $6.1 million—$100,000 for economic damages in the form of medical and funeral bills, $1 million for the survival claim of his nearest relative, brother James Mitchell, and $5 million for pain and suffering, Peterson said.
The jury apportioned 83% of the liability to the defendant, John Crane Inc. The defense was led by Ollie Harton of Hawkins Parnell & Young. Harton did not have an immediate response to a request for comment.
After the verdict, the jury determined that punitive damages were justified. Following that, Judge Christopher Rothgery added $6 million for punitive damages against John Crane.
"That shocked me," Peterson said. But she shared some thoughts about why the conclusion moved so quickly.
"This was not your typical asbestos case. In your typical asbestos case there are multiple exposures from different types of products made by different people, supplied by different people. Here it was actually very simple. Mr. Mitchell was exposed to asbestos from braided rope packing made by John Crane," she said. "And that was it."
Mitchell worked for more than 40 years in the stock room at the Pfaudler Co. plant in Elyria, Ohio, between Cleveland and Toledo. His responsibilities included assisting in the shipping of specialized glass-coated steel bowls used in chemical and pharmaceutical manufacturing. The work required spending several hours every week cutting rope packing with a band saw, which threw asbestos particles into the air, according to the complaint.
Mitchell died in 2016 at the age of 83 from mesothelioma caused by asbestos exposure, the plaintiff's team alleged.
"It's the worst kind of cancer. It's awful. You basically suffocate. I wouldn't wish it on my worst enemy," said Peterson, who said she has handled cases like this her entire career. "It was not due to his poor lifestyle choices. He never smoked. Never drank. I think that made the jury mad, too. He should have been able to pass away in his sleep instead of being in a nursing home alone."

