Foley & Mansfield Miami Attorneys Win Defense Verdict For R.T. Vanderbilt Company, Inc. In Asbestos Trial

On February 10, 2010, after three and a half weeks and deliberations lasting for over five hours, a Ft. Lauderdale jury returned a verdict in favor of R.T. Vanderbilt Company, Inc., represented by Foley & Mansfield Miami Attorneys Virginia Easley Johnson and Beranton J. Whisenant, Jr., along with Dehay Elliston’s Todd Suddleson. Foley & Mansfield was retained by R.T. Vanderbilt approximately 90 days before this expedited living mesothelioma went to trial. Two other defendants (Union Carbide and Kaiser Gypsum) were also vindicated by the jury.

The 78 year old Plaintiff was diagnosed with malignant pleural mesothelioma on November 27, 2007 and alleged that he was exposed to joint compound twice a month from 1957 until 1975 when he repaired a recurring crack in a wall at his Brooklyn, New York home. All defendants admitted that plaintiff had pleural mesothelioma and that it was caused by asbestos. The defense was based on lack of specific product identification.

The Plaintiffs called Dr. Jerrold Abraham, Dr. Arnold Brody, and Dr. Barry Castleman as expert witnesses to support their claims against the defendants.

In support of its defense, R.T. Vanderbilt relied upon the expert testimony of Mickey Gunter, Ph.D., a mineralogist from the University of Idaho. The co-defendants relied upon the expert testimony of Dr. Victory Roggli (pathologist) and Dr. Kim Anderson (industrial hygienist).

The Plaintiffs asked the jury to award $11.27 million in damages.