Nicholas Barone et al. v. Blue M et al

Parties Involved

 

Verdict Information

  • Verdict Date: May 16, 2024
  • Total damages awarded to Plaintiff(s): $15 million
    • Kathryn Barone as Executrix of the Estate of Nicholas Barone: $10 million
    • Kathryn Barone as individual: $5 million

 About the Case

Cause

The asbestos product liability lawsuit filed by Nicholas and Kathryn Barone against numerous corporate defendants in the Connecticut state courts is a significant case. The complaint alleges various causes of action, including strict product liability, negligence, failure to warn about known dangers, and breach of warranty, stemming from Nicholas Barone’s exposure to asbestos-containing products and asbestos-contaminated talc over nearly 20 years, from around 1960 to 1979.

Barone faced asbestos exposures in several settings during those decades. As a college student and summer intern, he performed construction, mechanical, and engineering work where he came into contact with asbestos dust and fibers. After graduating, Barone worked as an engineer at major companies like General Electric and Olin Corporation, where he suffered further substantial occupational asbestos exposures.

The defendants named in the lawsuit played crucial roles in the asbestos industry supply chain that led to Barone’s toxic exposures. Their activities included mining, milling, processing, incorporating asbestos into materials and products, designing and testing asbestos products, packaging, supplying, distributing, marketing, and selling the final asbestos-containing goods.

Despite possessing extensive medical and scientific research data dating back to the 1920s clearly identifying the severe health hazards of asbestos exposure, the defendant companies failed to provide adequate warnings to users like Barone about these dangers. Worse still, the defendants recklessly and negligently disregarded the known risks, continuing to negligently contract for, mine, mill, manufacture, produce, and sell defective asbestos products without any regard for user safety.

The companies’ blatant failure to warn about asbestos hazards and disregard for consumer safety allowed Barone’s asbestos exposures to occur unabated for decades, leading to catastrophic health consequences. Their actions exhibited a startling degree of negligence, recklessness, and conscious disregard for human life and safety in pursuit of profit from the asbestos trade.

Injury

As a direct result of inhaling and ingesting toxic asbestos fibers and dust from the defendants’ asbestos-containing products and contaminated talc, Nicholas Barone developed the terminal cancer mesothelioma, as well as other serious asbestos-related diseases. The asbestos exposures and resulting mesothelioma diagnosis subjected Barone to severe physical pain and suffering. He required extensive medical treatment, including costly procedures, hospitalization, surgery, chemotherapy, radiation, medications, and durable medical equipment. Despite undergoing this grueling treatment, mesothelioma significantly shortened Barone’s anticipated life expectancy.

Beyond the immense physical toll, Barone’s asbestos diseases greatly impaired his ability to work, function independently, and carry on normal activities of daily living that he previously enjoyed. His disabilities and health limitations diminished his quality of life and capacity to earn income over his anticipated working life span prior to the illnesses. This resulted in substantial lost earnings and wages.

Barone’s wife, Kathryn Barone, sought loss of consortium damages due to the profound negative impacts her husband’s asbestos diseases had on their marital relationship. As a result of his terminal diagnosis and debilitating illnesses, Kathryn experienced the loss of Nicholas’ society, companionship, affection, intimacy, comfort, assistance, and services within the marriage. Their ordinary married life and all the associated benefits were destroyed by the injuries caused by asbestos exposure.

Damages

The plaintiffs sought compensatory damages, as well as punitive damages and enhanced statutory damages under Connecticut law for the companies’ product liability, failure to warn about known dangers, and reckless disregard for consumer safety in their asbestos manufacturing and sales practices. Additionally, the plaintiffs demanded an amount, legal interest, and property not less than $15,000.00, exclusive of interest and costs.

Jury Verdict

The jury found that Vanderbilt Minerals, LLC was the successor in interest to International Talc Company. The jury determined that Vanderbilt Minerals’ successor liability arose under the continuation of enterprise theory and the product line theory.

The plaintiffs proved by a fair preponderance of the evidence that a product made or produced by Vanderbilt Minerals as successor to International Talc Company was sold in a defective condition unreasonably dangerous to the consumer or user. The plaintiffs proved that Vanderbilt Minerals failed to provide adequate warnings or instructions for the product.

Additionally, the plaintiffs proved that Vanderbilt Minerals was negligent in that it failed to use ordinary care in the sale of asbestos-containing talc. The jury determined that a product defect or negligence by Vanderbilt Minerals proximately caused injury and death to Mr. Barone.

Regarding compensatory damages, the jury awarded $10 million to Kathryn Barone as Executrix of the Estate of Nicholas Barone for his illness and death. On Kathryn Barone’s individual claim for loss of consortium, the jury awarded $5 million in compensatory damages.

Court Documents

Complaint

Jury Verdict