On January 27, 2016 a Lewis County, New York jury returned a defense verdict in favor of Copeland Corp, a refrigeration compressor manufacturer, in a personal injury and wrongful death case brought by Sarita Olley who claimed her late husband, David Olley, developed mesothelioma as a result of his alleged exposure to asbestos-containing products, including asbestos-containing gaskets on Copeland compressor units. The trial was presided over by Judge Charles C Merrell.
Copeland presented evidence from fiber testing of the decedent’s lung and lymph tissue obtained from a limited autopsy which showed high levels of tremolite fibers but no amphibole or chrysotile fibers. Experts testifying on behalf of Copeland at trial opined that Mr. Olley’s mesothelioma came from exposure to tremolite asbestos from contaminated talc at a local mine. Following two hours of deliberation, the jury rejected plaintiff’s contention that Copeland’s gaskets were a substantial contributing factor in causing Mr. Olley’s illness. After finding in favor of Copeland, there was no further inquiry as to the contaminated talc theory.
Plaintiff’s experts were Barry Castleman, Ph.D; Michael Mount, CIH; Jacqueline Moline, M.D.; and Steve Compton, Ph.D.
Defendant’s experts were John Spencer, CIH; Ronald Dodson, Ph.D and James Crapo, M.D.
Please Chris Renzulli ([email protected]) with any questions or comments about this victory and/or any other claimed asbestos exposure litigation defense issues.