Ky. Jury Finds for Defense in Asbestos Suit

A jury in Jefferson County, Ky., has returned a verdict in favor of Ford Motor Co. and Garlock Sealing Technologies following a trial in which a former millwright said he developed cancer from exposure to asbestos in insulation and gaskets.

The plaintiff intends to appeal the verdict, according to his attorney, Joe Satterley of Sales & Satterley in Louisville, Ky. He said the trial judge wrongly allowed Ford to introduce hearsay evidence and let Garlock substitute an expert witness at the last minute.

Plaintiff James Rehm worked as a millwright for Rapid Installations Inc. from September 1977 through March 1981 in the Louisville area. His work took him to various plants, including those owned by Ford, General Electric, International Harvester and Rohm & Haas.

Rehm's duties included tearing out insulated pipes and equipment and installing conveyor systems. He also said he removed thousands of gaskets while working as a millwright and identified Garlock as one of the gasket manufacturers.

After working for various elevator companies starting in 1981, Rehm retired in 2001 because of his mesothelioma, a fatal form of lung cancer linked to asbestos exposure.

Although he claimed not to have been exposed to asbestos while working as an elevator mechanic, records show he made a claim for such exposure against his last employer, Otis Elevator Co., according to Chris Massenburg of Swetman, Baxter & Massenburg in Hattiesburg, Miss., who represented Garlock.

Massenburg said Garlock argued that Rehm had overwhelming exposure to amphibole asbestos from insulation and could have only received low-dose exposure from the chrysotile asbestos in gaskets.

Judge A.C. McKacy Chauvin of the Jefferson County Circuit Court allowed Ford to admit evidence from newspaper articles that contradicted Rehm's testimony as to when he worked at the Ford plant, according to Massenburg.

Satterley said the newspaper evidence was hearsay and will form one of the bases for the plaintiff's appeal.

The jury took less than an hour to return a verdict in favor of both Garlock and Ford.

Massenburg said the plaintiff asked the jury to award more than $20 million, including punitive damages.

Rehm reached many confidential settlements with other parties, according to Satterley.

The plaintiff called as expert witnesses William Ewing, a certified industrial hygienist from Kennesaw, Ga.; Ronald Dodson, a cell biologist from Tyler, Texas; Samuel Hammar, a pathologist from Bremer, Wash.; and William Baldwin, an economist from Lexington, Ky.

Garlock called Donna Ringo, a certified industrial hygienist from Louisville, and James Crapo, a pulmonologist from Denver.

Ford called epidemiologist Robert Morgan from Aiken, S.C.

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The plaintiff was represented by Joe Satterley and Kenneth Sales of Sales & Satterley in Louisville.Garlock was represented by Chris Massenburg of Swetman, Baxter & Massenburg in Hattiesburg, Miss., and Max Swetman of the firm's New Orleans office.Ford was represented by Byron Miller and Adam Shadburne of Thompson Miller & Simpson in Louisville.