U.S. Navy worker who died after exposure to Asbestos

The widow of a previous U.S. Navy employee who passed away after direct exposure to asbestos can enhance her mission for compensatory damages versus a multitude of producer accuseds, consisting of Crane Co. and CBS Corp., by pointing out proof of their supposed misbehavior that impacted individuals not part of the claim, an Arizona federal judge ruled Wednesday.

Agents for the celebrations might not right away be grabbed remark late Thursday.

Judge Bolton disagreed in her judgment Wednesday, mentioning that as long as the proof pointed out pertains to a “particular damage” declared by the complainant, it can be presented at trial.

Buffalo Pumps is represented by J. Steven Stimulates of Sanders & Parks PC.

U.S. District Judge Susan Bolton rejected a movement in limine by some 8 accuseds, which likewise consisted of The William Powell Co. and Goodyear Tire & Rubber Co., in the match by Sandra Brown Coulbourn, whose departed other half, George Coulbourn, caught mesothelioma cancer in 2013.

“The court rejects accuseds’ movement since appropriate precedent allows proof of injuries to nonparties and out-of-state conduct to show reprehensibility,” Judge Bolton stated in her judgment. “The Supreme Court has specified that out-of-state conduct might be probative of an offender’s deliberateness and guilt, however the conduct has to have a nexus to the particular damage suffered by the complainant.”.

The offenders had said in a movement submitted in September that they anticipate Coulbourn to present proof of their declared misbehavior beyond Arizona, or conduct that influenced individuals who are not associated with this fit. They did not define the accusations they anticipated from Coulbourn, however said that any conversation of such proof would predisposition the jury versus them.

CBS is represented by Stephen M. Bressler and Kathleen Kahn of Lewis Roca Rothgerber LLP.

Judge Bolton included that although Coulbourn might support her compensatory damages arguments by presenting such proof of out-of-state conduct by the accuseds or the impact of their conduct on nonparties to the match, the jury can just figure out compensatory damages to her based upon her certain supposed damage, according to the judgment.

Copes Vulcan and Edward Valve are represented by Larry Crown of Titus Brueckner & Levine PLC

The Goodyear Tire & Rubber Co. is represented by Stephen Hoffman of Lewis Brisbois Bisgaard & Smith LLP.

The complainants are represented by Dev K. Sethi of Kinerk Schmidt & Sethi PLLC and David Greenstone, Jennifer L. Bartlett, Jordan Blumenfeld-James, Jonah D. King and Kyle Tracy of Simon Greenstone Panatier Bartlett PC.

Crane Co. and Warren Pumps are represented by John C. Hendricks and Kathleen L. Beiermeister of Meagher & Geer LLP.

The William Powell Co. is represented by Tom Shorall, Jr., and Jason Boblick of Shorall McGoldrick Brinkmann.

The widow of a former U.S. Navy worker who died after exposure to asbestos can strengthen her quest for punitive damages against a slew of manufacturer defendants, including Crane Co. and CBS Corp., by citing evidence of their alleged misconduct that affected people not part of the lawsuit, an Arizona federal judge ruled Wednesday.

U.S. District Judge Susan Bolton denied a motion in limine by some eight defendants, which also included The William Powell Co. and Goodyear Tire & Rubber Co., in the suit by Sandra Brown Coulbourn, whose deceased husband, George Coulbourn, succumbed to mesothelioma in 2013.

The defendants had argued in a motion filed in September that they expect Coulbourn to introduce evidence of their alleged misconduct outside of Arizona, or conduct that affected people who are not involved in this suit. They did not specify the allegations they expected from Coulbourn, but argued that any discussion of such evidence would bias the jury against them.

Judge Bolton disagreed in her ruling Wednesday, stating that as long as the evidence cited is relevant to a “specific harm” alleged by the plaintiff, it can be introduced at trial.

“The court denies defendants’ motion because applicable precedent permits evidence of injuries to nonparties and out-of-state conduct to demonstrate reprehensibility,” Judge Bolton said in her ruling. “The Supreme Court has stated that out-of-state conduct may be probative of a defendant’s deliberateness and culpability, but the conduct must have a nexus to the specific harm suffered by the plaintiff.”

Judge Bolton added that although Coulbourn could support her punitive damages arguments by introducing such evidence of out-of-state conduct by the defendants or the effect of their conduct on nonparties to the suit, the jury can only determine punitive damages to her based on her specific alleged harm, according to the ruling.

Before his death, George Coulbourn had testified that he had been exposed to asbestos dust during his work in a U.S. Naval Shipyard, and that he could identify the manufacturers of products he had worked with. In February, Judge Bolton denied the manufacturer defendants’ motions for summary judgment and refused to take punitive damages off the table.

The defendants who filed the motion were Buffalo Pumps Inc., The William Powell Co., CBS Corp., Warren Pumps LLC, Crane Co., Edward Valve Inc., Goodyear Tire & Rubber Co. and Copes Vulcan Inc.

Buffalo Pumps is represented by J. Steven Sparks of Sanders & Parks PC.

CBS is represented by Stephen M. Bressler and Kathleen Kahn of Lewis Roca Rothgerber LLP.

Copes Vulcan and Edward Valve are represented by Larry Crown of Titus Brueckner & Levine PLC.

The William Powell Co. is represented by Tom Shorall, Jr., and Jason Boblick of Shorall McGoldrick Brinkmann.

The Goodyear Tire & Rubber Co. is represented by Stephen Hoffman of Lewis Brisbois Bisgaard & Smith LLP.

Crane Co. and Warren Pumps are represented by John C. Hendricks and Kathleen L. Beiermeister of Meagher & Geer LLP.

The plaintiffs are represented by Dev K. Sethi of Kinerk Schmidt & Sethi PLLC and David Greenstone, Jennifer L. Bartlett, Jordan Blumenfeld-James, Jonah D. King and Kyle Tracy of Simon Greenstone Panatier Bartlett PC.

Case Info: The case is Coulbourn et al v. Air & Liquid Systems Corporation et al., case number 3:13-cv-08141, in the U.S. District Court for the District of Arizona.