Jimmy Phillips |
San
Pedro, CA, May 29, 2014 – The Worthington
& Caron Law Firm is pleased to announce that a jury in Fresno,California has returned a substantial verdict in favor of our clients, the
family of James ‘Jimmy’ Phillips, deceased, a 59 year-old plumber and race car enthusiast.
Defendant
Honeywell, whose predecessor, Bendix, made asbestos-containing brake pads and
linings, was the only defendant at trial. The jury awarded $7.4 million in compensatory
damages and assigned 30% of fault to Bendix. The jury also found that Bendix
acted with reckless indifference and awarded an additional $3.5 million in
punitive damages. This was the first mesothelioma verdict ever awarded in
Fresno.
The
lawsuit was originally filed in May of 2012 in Alameda County, California. The
defendants fought to transfer venue to Fresno, where they anticipated a more
“defense-friendly” jury pool. The Fresno jury deliberated six days before
rendering its verdict in favor of the Phillips family. The trial team of
Stuart Purdy and Rob Green (attorneys with co-counsel Simon, Greenstone,
Panatier, Bartlett) did an outstanding job putting on a strong case against a
very tough defendant in a new jurisdiction.
According
to Rob Green, "Jim was always the guy the family and community called on to help them out when something went wrong. It was an honor to help out Jim and his
family. Our trial was straightforward. We explained what science, medicine
and common sense told us, and what every reputable expert in the field agreed
with, about this defendant’s asbestos products. The jury understood it and
held them accountable.”
Jimmy
was diagnosed with malignant pleural mesothelioma in March of 2012. After
nearly 11 months of treatment, Jimmy passed away from his asbestos-caused
cancer.
Purdy
and Green presented evidence that Jimmy was exposed to asbestos dust from automotive
products while working on cars, race cars, trucks and heavy equipment beginning
in the 1960s.
John
Caron of Worthington & Caron notes, “How many men like Jim spent time as a
teenager working part-time at a service station or doing shade tree work on
their cars? This was a virtual rite of passage in our car-crazed nation in the
1950s, 60s and 70s. Unfortunately, this little slice of Americana had deadly
consequences for Jim and many others because of the asbestos that manufacturers
like Bendix included in their products. We applaud the Fresno jury for holding
Bendix accountable for its role in causing the nightmare the Phillips family
has been living since Jim’s diagnosis.”
Charity and Jimmy Phillips |
Jimmy
leaves behind Charity, his wife 41 years, five children and fourteen grandchildren.
The family has chosen to work through their loss by banding together to help
others in their battle against cancer. On May 24, Kourtni McLaughlin, one
of Jimmy’s daughters, organized the 1st Annual “Jimmy’s Golf Tournament” in
Mariposa, California. The tournament was an incredible success. A small army of
friends and family helped raise over $12,000, half of which was donated to support
mesothelioma research at the Pacific
Meso Center in Los Angeles, California. The other half will be
distributed to local families battling cancer and towards a college scholarship
at the local high school.
Charity is extremely grateful and thankful to all of her attorneys. “I am
so proud of Stu and Rob. They never backed down, for Jimmy. The entire legal team
was so supportive, both with any legal issues as well as personal
issues. Those boys fought long and hard for Jimmy. I consider them a part
of my family now. I miss them!”
For
more information, please contact john@worthingtoncaron.com,
or 800-31-9399. Worthington & Caron
is located in San Pedro, California. You can also visit www.mesothel.com