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Recent Defense Verdict
Virginia
Easley Johnson, Managing Partner of the Miami office of Foley & Mansfield
and Andrew Constantine, II, partner in the law firm of Maron Marvel
Bradley & Anderson in Jersey City, NJ, successfully defended Georgia Pacific
Corp in a trial in Miami-Dade County, Florida that ended on December 5, 2007.
The case involved a living 72 year old woman who was diagnosed with pleural
mesothelioma. She and her husband are retired school teachers, having taught for
30 years in rural Ohio. Joyce Windnagle claimed exposure to asbestos-containing
joint compound in 1968 and 1970 during home renovations. Both John and Joyce
Windnagle identified using Georgia Pacific joint compound and she claimed to
have personally performed 90% of the sanding. Plaintiffs presented Dr. Douglas
Pohl (pathologist) who opined that Mrs. Windnagle’s exposure to joint compound
was a substantial contributing factor in producing her mesothelioma. Georgia
Pacific presented Dr. Victor Roggli (pathologist) who testified that the pleural
mesothelioma was amphibole related, based on a digestive analysis. Additionally,
Dr. William Dyson testified in the area of industrial hygiene. The defense also
presented three fact witnesses to dispute product identification. After a ten
day trial, Plaintiffs asked the jury to award $37M. The jury deliberated for
ninety minutes and rendered a unanimous verdict in favor of Georgia Pacific.
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