Conway vs. ATTRANSCO, Inc.
Case Summary
45-year-old Leroy Conway, Jr., is the son of a merchant mariner who served aboard the S.S. Baltimore Trader as an engineman between 1974-1977. The elder Conway’s work brought him in contact with asbestos particles and dust that permeated his work uniforms, which he brought home to be laundered. Leroy, Jr., then a 10-year old boy, was exposed to his father’s asbestos-laden work clothes over a three-year period. Leroy, Jr. was diagnosed with malignant pleural mesothelioma in May 2007. the jury found ATTRANSCO negligent in its duty to protect its workers from the dangers of asbestos exposure, per OSHA’s regulations that commenced in 1971. The jury rejected defendant’s argument that it was not made aware of the harm of asbestos exposure until notified by the U.S. Coast Guard in 1980, and therefore, could not have been responsible for Mr. Conway’s injuries. As sole defendant, ATTRANSCO bears full liability for awarded damages.
Verdict
- January 26, 2010
- $9.936M total award:
- $9.3 million for pain and suffering; $636,688 for medical expenses
- ATTRANSCO, as sole defendant, assigned 100% liability for damages
Significance
- One of the few – if any – non-naval ship operator asbestos cases ever to go to verdict in the U.S.
- Household exposure case in which product identification was not a factor
- Relatively young mesothelioma victim
- Plaintiff’s father’s presence aboard the S.S. Baltimore Trader was established from a non-asbestos deposition recorded in 1978
Plaintiff’s Experts (*live testimony; ** video deposition)
- *Arnold Brody, Ph.D., cell biologist
- *Capt. Francis Burger (U.S. Navy, ret.), maritime expert
- **John DiMaio, MD, thoracic surgeon and plaintiff’s personal physician
- *Victor Roggli, MD, pathologist
Defense Experts (live testimony)
- Joel Cohen, industrial hygienist
- Capt. John Deck (U.S. Coast Guard, ret.), maritime expert
- Capt. James Wilson (U.S. Coast Guard, ret.), maritime expert
Plaintiff’s Counsel
- Waters & Kraus, LLP (Baltimore):
Scott Frost (lead)(Dallas); Demetrios Zacharopoulos; George Tankard III
Defense Counsel
- Thompson Hine LLP (Cleveland):
John R. Mitchell (lead); Harold W. Henderson; Susan K. Dirks
Disclaimer – Results obtained depend on the facts of each case. Award amounts are not actual cash amounts received by plaintiffs. Deductions are made for liens, attorney fees and expenses.
