Case Style: Clyne Fischer, Individually and as Representative of the Estate of Clyde Fischer, Ruth Fischer, and Linda Fischer-Long vs. Armstrong International, Inc., et al, No. 615514, In the Court of Common Pleas Cuyahoga County, Ohio.

Plaintiff(s): Clyne Fischer, Ruth Fischer and Linda Fischer-Long

Defendant(s): Elliott Turbomachinery Company

Verdict Date: June 10, 2008

Facts:  Clyde Fischer, a resident of Ohio, died in August of 2005 from the asbestos cancer mesothelioma.  He was diagnosed in May of 2005 and died three months later at age 77.   Mr. Fischer worked his entire life as an insulator at the Allied Chemical Plant in South Point Ohio and later at Southland Oil. Mr. Fischer was charged with insulating pipe and hot equipment such as turbines, valves and pumps. Over the years Mr. Fischer experienced substantial exposure to asbestos fibers and developed bilateral pleural plaques, asbestosis and mesothelioma as a consequence. The trial was against Elliott Turbomachinery who manufactured the two power-generating turbines at the Allied Chemical Plant. Elliott also supplied over one ton of asbestos-containing insulation for those turbines. Despite proof that Elliott had knowledge of asbestos hazards at the time they sold the turbines and the insulation, Elliott never provided a warning of any kind of the asbestos exposure hazards attendant to the routine maintenance and repair of the turbines.

“Mr. Fischer sacrificed everything for his family. He was married for 56 years and had two children, many grandkids and one great-grandchild. The evidence in this case was that Mr. Fischer should have had an additional 10 years of life with his family had he not succumbed to mesothelioma.”  Panatier stated. “What this jury recognized was that those last years of life are often our most valuable and that the actions of Elliott Company and others unfairly cut that time short.”

The jury assessed 45% fault against Defendant Elliott Turbomachinery. 

Plaintiff attorneys: Christopher J. Panatier and Benjamin D. Braly (Dallas) of Simon, Eddins & Greenstone, LLP.

Defense attorneys: William Bonezzi and Kevin Kadlec of William Bonezzi

Bonezzi Switzer Murphy Polito & Hupp Co. LPA in Cleveland, Ohio; and Tom Scully of Walsworth, Franklin, Bevins & McCall in Los Angeles, California.

Judge: Honorable Justice Francis Sweeney 

Plaintiff experts: Eugene Mark, M.D. (pathologist); Steven Paskal, MSH, JD, CIH (industrial hygienist). 

Defense experts: Frank Gomer (human factors).