The latest blog post from Frank Azar:
Gordon Bankhead worked for Pneumo Abex LLC, successor of Abex Corporation, from 1965-1999. Bankhead was a parts man in the service and repair of heavy duty vehicles, and was exposed to asbestos throughout his career. His duties included, “inspecting, replacing grinding and blowing out dust from the asbestos-containing brakes.”
Bankhead was diagnosed with mesothelioma in January of 2010, and filed for his asbestos injury complaint in March of 2010. In October of 2010, his personal injury lawsuit went to trial.
Damages collected for the personal injury lawsuit included $1.47 million for Gordon Bankhead’s past and future economic loss and $1.5 million for his pain and suffering. They awarded Emily Bankhead $1 million for her loss of her husband’s support and companionship.
His death in October of 2011 led to the wrongful death lawsuit against Pneumo Abex LLC. This lawsuit was intended to compensate his family for the loss of his companionship. The jury was to determine correct compensation the family for losing a loved one 17 years prior to life-expectancy.
The 10-count complaint stated the Pneumo Abex LLC knew the dangers associated with asbestos disorder, but failed to relay the message to their employees.
“Each of the foregoing acts, suggestions, assertions and forebearances to act when a duty existed to act, the said defendants, and each of them, having such knowledge, knowing the decedent did not have such knowledge and would breathe such material innocently, was done falsely and fraudulently and with full intent to induce decedent to work in a dangerous environment and to cause decedent to remain unaware of the true facts,” the complaint says.
The jury described the defendants actions as malicious, fraudulent and oppressive.
This wrongful death lawsuit awarded Bankhead’s wife, Emily Bankhead, $6 million, and his two daughters, Tammy Bankhead and Debbie Bankhead-Meiers, $2.5 million each.
Joseph Satterley and Justin Bosl of Kazan, McClain, Satterley & Greenwood represented the Bankheads throughout both trials. Former partner Leigh Kirmsse assisted on the personal injury lawsuit.
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