Date: 06-28-2011

Case Style: Families and Estates of Eugene “Mac” McCarthy and Walter Koczur v. The Goodyear Tire & Rubber Company

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Judge: Martin Shulman

Court: Supreme Court, New York County, New York

Plaintiff's Attorney: Danny R. Kraft Jr., Michael Fanelli, Daniel Horner, Thomas Comerford, and Alani Golanski, Weitz & Luxenberg, P.C.

Defendant's Attorney: James R. Lynch and Jennifer Childs from Lynch, Daskal Emery LLP and Richard D. Schuster from Vorys, Sater Seymour and Pease LLP.

Description: Families and Estates of Eugene “Mac” McCarthy and Walter Koczur sued The Goodyear Tire & Rubber Company and Goodyear Canada on products liability theories claiming that they were exposed to asbestos at work and, as a direct result, they both contracted mesothelioma from which they died in 1998. Both men worked for the company in the 1960s and 1970s; Koczur as a steamfitter and McCarthy as a heavy equipment engineer. According to the complaints, Koczur and McCarthy were exposed to Goodyear’s asbestos-containing gaskets and diagnosed with lung cancer years later.

Asbestos containing sheet gasket material, manufactured by The Goodyear Tire and Rubber Company and Goodyear Canada during the 1960s and 1970s, was at issue in the consolidated trial. Both Weitz & Luxenberg clients were former smokers.

The defenses asserted by Defendants are not available.

Outcome: Plaintiff's verdict in the McCarthy’s case $8.5 million for pain and suffering. They found The Goodyear Tire and Rubber Company to be only 7% responsible and Goodyear Canada 5% responsible for his lung cancer. In Koczur’s case, the jury awarded his family $13.5 million for pain, suffering, and loss of consortium. They found The Goodyear Tire and Rubber Company to be 27% responsible for his lung cancer and Goodyear Canada to be 18% responsible.

Plaintiff's Experts:

Defendant's Experts:

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