Court: Florida – 17th Judicial Circuit Court
Plaintiff, Denise J. Guth Cook alleged asbestos exposure from consumer talc products and automobile parts. She specifically alleged bystander and household exposure from asbestos-tainted clothes worn by her father and brother, who worked at automotive repair shops. She further claimed to have developed malignant epithelioid mesothelioma of the peritoneum because of the alleged asbestos exposure.
Ms. Cook ultimately filed a complaint in Broward County, Florida’s 17th Judicial Circuit Court, naming Hennessy Industries, Inc. and others as defendants. Her complaint alleged negligence, strict liability, product defect and other related claims against all defendants. This case ultimately went to trial on negligence, product defect and strict liability claims against brake grinding-machine manufacturer Hennessy.
During the trial, plaintiff argued that even with safety measures applied, grinding asbestos-containing brakes on Hennessy’s AMMCO grinder resulted in exposures exceeding federal regulations for the time in question. In that regard, plaintiff presented expert evidence – offered by William Longo, Ph.D., an electron microscopist at Materials Analytical Services in Suwanee, Ga., which concluded that grinding asbestos-containing brakes four times or more per day would likely expose an individual to levels of asbestos exceeding any permissible historical or current standards. Plaintiff was therefore always exposed to greater levels of asbestos through Hennessy’s AMMCO grinders on brakes by her father and brother from the laundering of their asbestos-tainted clothing.
In response, Hennessy conceded that the brakes contained asbestos. But Hennessy denied it was negligent, that its AMMCO brake grinding machines were defective or that it could be held strictly liable for Ms. Cook’s injuries. Hennessy specifically argued that it tested its AMMCO grinder and its safety measures and found asbestos exposure was within the standards set in the regulatory requirements at the time. In addition, Hennessy grinding machines were outfitted with dust collectors by 1973. Lastly, Hennessy argued that Ms. Cook’s mesothelioma was more likely caused by asbestos exposure in consumer cosmetic talc products that she used from 1960 to 2023.
On February 14, the jury returned its verdict after considering all trial evidence. The jury found Hennessy 15 percent liable and apportioned the remainder among other various named defendants including Johnson & Johnson. The jury also found that Ms. Cook suffered pain and suffering and other related damages in the amount of $18 million.
Read the full decision here.
