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Featured Asbestos Verdict: Nash v. A.W. Chesterton Co., et al.

Nash, et al v. A.W Chesterton Co., et al. (N.Y. Super. Ct., Onondaga Cty. No.0000719/2012. On a December 24, 2014 verdict, a New York jury awarded $7.7 million to awidow of a school bus driver who died of mesothelioma after being exposed to asbestos in the school's garage. Plaintiffs contended decedent, Lewis Nash, worked for the Fayetteville-Manlius School District as a bus driver in the 1950s and that he developed mesothelioma as a result of exposure to asbestos that had been released into the air by work performed on the asbestos-containing bus parts in the maintenance garage where he regularly had to spend time to clock in for his routes, submit work orders, and speak with mechanics.

Nash sued Navistar and many other companies that were believed to have distributed, manufactured and/or sold asbestos-containing products that were used in the areas in which he worked. Nash alleged that the defendants failed to provide warnings that adequately disclosed the risks that could have stemmed from the use of their products. Nash died after the suit had been filed and the suit was continued by his estate. The estate's counsel discontinued the claims against some defendants; other defendants were dismissed; and others negotiated pretrial settlements. The matter ultimately proceeded to trial against Navistar. The estate's counsel contended that Nash operated Navistar-provided buses whose original brakes, clutches and gaskets contained asbestos. They also claimed that worn components were replaced by other Navistar-provided products that contained asbestos. Defense counsel claimed that Navistar's products contained chrysotile asbestos, and they contended that chrysotile asbestos cannot cause mesothelioma. They also claimed that the products' asbestos was encapsulated, and they contended that encapsulated asbestos would not have been emitted during routine use of the products. They suggested that Nash's mesothelioma stemmed from Nash having worked in foundries in which workers handled products that contained amphibole asbestos, which is one of the more dangerous forms of asbestos. However, the estate's counsel contended that defense counsel could not prove that asbestos was handled or used in the foundries in which Nash worked. The jury found that Navistar was liable for Mr. Nash's mesothelioma and determined that the plaintiffs' damages totaled $7.7 million. Estate of Lewis Nash: $3,000,000 Wrongful Death: Survival; $3,000,000 Wrongful Death: Past Mental Anguish; $1,500,000 Wrongful Death: pecuniary loss; Mary Nash: $200,000 Wrongful Death: loss of consortium. Plaintiff was represented by Levy Konigsberg LLP. Defendant, Navistar was represented by Hermes Netburn. Judge, Charles C. Merrell presided over the trial.

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