Featured Verdicts

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New England Verdicts

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Suit argued that insulation company concealed asbestos dangers

A jury awarded $7,550,000 to Gerald Sylvestre, who alleged that he developed mesothelioma after being exposed to an insulation that contained asbestos. Per Sylvestre, the exposure occurred when he worked at a New Hampshire coal-powered plant. A number of manufacturers and other entities were sued by Sylvestre, but the only defendant remaining at trial was New England Insulation (NEI). Sylvestre alleged that NEI owed a duty to warn him of the dangers of asbestos when using the insulation in question, but breached that duty. NEI denied knowing of the danger of asbestos at the time of Sylvestre’s alleged exposure. NEI also contended that the asbestos levels to which Sylvestre had been exposed were too low to have caused his mesothelioma.
Sylvestre v. Metropolitan Life Insurance Co.
Middlesex County - MA

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Defense: Worker should have seen, avoided excavated area

Kobo Utility Construction Corporation received a defense verdict on the claim of a heavy equipment operator who was injured at a construction site. The worker, Phillip Giardino, alleged that he suffered lumbar disc herniations when he stepped in a hole and fell. Giardino alleged that Kobo had failed to fill, cover or flag a hole that had been left behind after removing runway lights at Norwood Airport. He argued that the failure to do so violated OSHA regulations. This was disputed by Kobo, who argued that there was no OSHA requirement to cover, fill or flag the excavated hole. Also, Kobo contended that the hole should have been obvious and that Giardino was negligent in failing to see and/or avoid the excavated area.
Giardino v. Kobo Utility Construction Corp.
Norfolk County - MA

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Nursing facility: Treatment of pressure sore was appropriate

A nursing home management company was found not liable for the death of a patient who had developed a pressure sore that became septic. Radius Management Services II, Inc. provided management services to Goddard House Skilled Nursing & Rehabilitation Center (which ceased operation five years before trial) when Lillie Austin was admitted. While at the facility, Austin developed a pressure sore that became septic and led to her death. The estate alleged that the sore was deliberately concealed and was not timely treated. In response, Radius argued that the care provided to Austin was appropriate and the wound had been timely treated. The defense argued that the wound worsened due to Austin’s declining health and existing medical problems.
Estate of Austin v. Radius Management Services II Inc.
Suffolk County - MA

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