Jury awards $89.6 million to pipefitter with mesothelioma

By: Correy Stephenson
Staff writer

Published: January 17, 2012

A 12-person jury in Illinois awarded $89.6 million – $80 million of it in punitives – against four defendants in a suit brought by a former pipefitter suffering from mesothelioma.

Charles Gillenwater, 59, brought suit against Honeywell International, Inc., Pneumo Abex and Owens-Illinois, Inc., arguing that the three companies engaged in a conspiracy to keep consumers and employees from the knowledge that their asbestos-containing products were hazardous to health.

He also sued a fourth company for negligence – John Crane, Inc., which manufactured gaskets that Gillenwater worked with.

Gillenwater, who told jurors he was never warned of the dangers of asbestos, contracted mesothelioma as a result of being exposed to asbestos during his years working as a pipefitter at various jobsites in Illinois in the 1970s.

After an almost six-week trial, jurors deliberated over two days before delivering a $9.6 million compensatory verdict against all four defendants and an additional $80 million punitive award against the three companies engaged in the conspiracy ($40 million against Owens-Illinois and $20 million each against Honeywell and Pneumo Abex).

James Wylder, a partner at Wylder Corwin Kelly in Bloomington, Ill. and lead trial counsel for the plaintiff, declined to discuss the case in detail.

In an e-mailed statement, he said the biggest challenge of the trial “was to organize the evidence in such a manner that the jury could appreciate that the defendants had intentionally and successfully suppressed health information for decades while [their] profits steadily increased.”

In a statement, Owens-Illinois said it plans to appeal the verdict, and that it “did not conspire with anyone concerning asbestos health hazards.”

“The company has successfully defended its position in similar cases and is confident of a successful outcome in this matter as well,” the statement said.

Honeywell also issued a statement noting its intent to appeal the verdict, saying it will “continue to vigorously defend our position. We are confident that we will ultimately prevail.”

Defendants Pneumo Abex and John Crane did not respond to requests for comment.

The defendants are currently pursing post-trial motions.

Wylder said his client was pleased with the verdict, but added that Mr. Gillenwater has since passed away.

– Correy E. Stephenson