WLB Obtains Defense Verdicts For Two Defendants in Lackawanna County, Pennsylvania

Wilbraham Lawler and Buba successfully tried to verdict the Robert Horst case in Lackawanna County, PA after a three week trial. M. Douglas Eisler and James Tate of WLB Philadelphia office tried the case for a major manufacturer of boilers and John Fitzpatrick of WLB Philadelphia/New Jersey and Vincent Errante of Darger, Errante, Yavitz & Blau tried the case for a major national manufacturer of furnaces and other HVAC equipment.

The decedent, Mr. Robert Horst, was a 63 year old man who Plaintiffs alleged passed away from mesothelioma caused by alleged exposure to asbestos during his career as a residential HVAC contractor in Lancaster, PA. The three week trial started with eleven defendants in the courtroom, six of which settled during the course of the trial. Plaintiff’s offered testimony from three experts, industrial hygienist Mr. Steven Paskal, epidemiologist Dr. Richard Lemen , and pathologist Dr. Richard Kradin. Lennox and Burnham offered testimony from three experts, pulmonologist Dr. James Crapo, industrial hygienist Dr. James Poole, and industrial hygienist Ms. Patricia Hall.

The jury trial was held in Scranton, PA, the county seat of Lackawanna County. It is in the northeastern part of Pennsylvania and was a coal and industrial community. Plaintiffs assumed it would be a more favorable venue for them. Kathryn Pryor and Chad Cotton, of Baron & Budd, tried the case for the Plaintiffs. The jury deliberated for two hours before returning a defense verdict for all remaining defendants.

Horst, et al. v. Union Carbide Corp., et al., Case No. 15 CV 1903 (Pa. Ct. Comm. Pls., Lackawanna Cty.).