Families of Two Deceased Men Awarded $ 8.6 Million in Asbestos Lawsuit
8.3.2011
mesothelioma cancer caused by asbestos exposure resulted in the deaths of two Pennsylvania men according to Philadelphia jurors. A combined mesothelioma settlement of $ 8.6 million was awarded to their surviving families in the two separate trials that took place in the Philadelphia Court of Common Pleas. The cases were claimed to have been settled prior to moving to the liability phase of the trial and only one defendant, Congoleum Corp., remained in the case when the damages verdicts were rendered and made no offer of settlement before the jury returned its verdict.
According to files, the first Plaintiff, Charles Eck was claimed to have been exposed to asbestos in the course of his 27 year job with a Preston trucking terminal. While working as a forklift operator and dockworker, Eck was said to be in immediate contact with asbestos based materials as he would clean and unload tractor-trailers. The Pennsylvania man died at age 54 after having been diagnosed with malignant mesothelioma a year prior. Representatives for Mr. Eck have been awarded $3.79 million for lost wages and “future earning capacity”.
In the case of the second plaintiff, Robert Marsilio, an asbestos settlement totaling $4.8 million was awarded to his surviving family by the jury even despite the fact that an Economist had previously testified that the financial impact of Mr. Marsilio’s passing away was only estimated at $1.2 million. The Plaintiff’s acting on behalf of the Hazleton, Pennsylvania gentleman said that he was exposed to building products that contained asbestos while operating the family owned Construction Business right up until he grew ill in 1999. Throughout his illness he was never officially diagnosed with the asbestos cancer until immediately after the autopsy that was conducted by the physicians at the University of Pennsylvania Hospital following his death. Court reports indicated that a defense consultant, who was not called upon to testify all through the trial, for the Sloan Kettering Memorial in New York contradicted the autopsy findings and explained that Robert Marsilio did not suffer from asbestos-related mesothelioma as the Plaintiff’s lawyers argued.
It is a popular misconception that an asbestos lawsuit can only take place if the person or person’s that ended up being directly affected are still living. There have been cases, such as the one above, where survivors of the deceased were able to file a lawsuit in their behalf. Contact a mesothelioma law firm to talk to an seasoned asbestos attorney about any inquiries that you might have.